Humans Only - US Federal Court Rules that AI Cannot Own Copyright in Created Works
IP Iustitia
by Jani Ihalainen
9M ago
This blog has on many occasions discussed the difficult world that IP can be for both AI creations and inventions (e.g. more here, here and here), with the landscape looking more and more 'hostile' towards AI creations and inventorship. This hasn't, however, put a damper on many who will keep trying to push the envelope, and test the limits of IP laws across the world. Such an individual is the prolific inventor, Stephen Thaler, who has been on a crusade to enable AI to own many IP rights, having failed on many occasions along the way. His saga has since continued, with the US Federal Court be ..read more
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A Can of Copyright - US Supreme Court Rules on Fair Use in Andy Warhol's Work
IP Iustitia
by Jani Ihalainen
10M ago
From the iconic lithographic cans of Campbell's soup to the Marilyn Monroe, Andy Warhol's art is iconic and one that most (if not everyone) recognises. However, with success and notoriety comes potential legal battles, particularly if artists "take inspiration" from works of other artists. In the US the doctrine of fair use is very broad and can encompass several acts, but it's remit in relation to more direct copying as 'inspiration' has been hazy. A recent, and rare foray into the realm of the US Supreme Court was set to make matters clearer, and the awaited decision was indeed handed down e ..read more
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Keeping Their AI on the Ball - US Copyright Office Issues Guidance on the Copyright Protection of AI Generated Works
IP Iustitia
by Jani Ihalainen
1y ago
At this point there probably is no one on Earth that has not heard of, or even tested, various AI content generation systems, including ChatGPT, Google Bard and Midjourney. The tools are already impressive and are only slated to get better, so many legislatures and national bodies are (finally!) getting to grips with AI, its implications, and legal issues around the technology. One such aspect is whether AI generated works can, or will be protected by copyright, as the area remains firmly hazy as the law stands, including in the common law. One of the first off the blocks is the US Copyright O ..read more
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A Row Over Nothing? - UK High Court Considers Whether a Rowing Machine Can be a Work of Artistic Craftsmanship
IP Iustitia
by Jani Ihalainen
1y ago
Art can often be very subjective and, quite frankly, baffling as to why a particular piece is seen to be 'good' or not. Nevertheless, the law doesn't see things that way, and even works that are less of 'artistic merit' can, and should be protected under various IP rights, since those rights don't discern based on the artistic value of something. You don't often get novel things argued as being works of artistic craftsmanship, but a recent case in the Intellectual Property Enterprise Court had to look at whether a piece of exercise equipment could be one, and therefore protected by copyright ..read more
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Cadbury's Color Conundrum - UK High Court Considers Registration for the Color Purple for Cadbury's After Settlement with Nestle
IP Iustitia
by Jani Ihalainen
1y ago
Sometimes a specific color is really important. Nothing highlights this more than the seemingly never-ending story of Cadbury's fight to register the color purple (or more specifically, Pantone 2685C) in relation to its iconic chocolate products. The fight over the color started nearly 20 years ago in 2004, so those born in the same year can now legally buy alcohol in the UK - which really puts the time spent in perspective. Nevertheless, color marks have always been difficult to register, however, in a highly anticipated victory Cadbury have done just that, potentially putting this matte ..read more
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You Gonna Keep That? - EU General Court Considers Trademark Registrations of Dormant Brands and Bad Faith
IP Iustitia
by Jani Ihalainen
1y ago
Many brands from the distant past have fallen by the wayside or haven't been used in years or even decades, despite some still fondly remembering them. These 'dormant' brands do also present an opportunity for revival and use of the potential remaining goodwill in those brands, but what happens when an unrelated third party decides to "revive" one of these dormant brands and register it as a trademark? The answer isn't always crystal clear, but a recent decision by the EU General Court set to look at just that and whether this could amount to a bad faith registration.  The case of Ladisla ..read more
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Just Can't Catch a Break - US Court of Appeals Decides That AI Cannot be an Inventor of Patents
IP Iustitia
by Jani Ihalainen
1y ago
Artificial intelligence's road to recognition as a legal entity keeps hitting obstacle after obstacle, and as things stand it looks like right's in AI created works or inventions will be questionable without proper legislative intervention. Despite the continuous stumbling blocks, it seems that some inventors are very interested in continuing the fight, so yet another important decision has been reached on AI inventorship of patents in the US. The Court of Appeals recently handed down its decision on the matter, which continues on the near never-ending line of decisions across the globe that h ..read more
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These Shoes are Made for Selling - AG Szpunar Opines on Intermediary Liability and the 'Use' of a Trademark for Online Marketplaces
IP Iustitia
by Jani Ihalainen
1y ago
Intermediaries in e-commerce are a near necessity for many online sellers of products, but they can produce headaches and issues where potentially unauthorized goods are sold through them that infringe a company's IP rights. The status of intermediaries' liability has been slowly evolving in the courts, and a hotly anticipated decision by the CJEU on the issues is very close in the horizon that should clear matters up significantly in Europe. Before this, however, Attorney General Szpunar has had their say and issued their opinion earlier this Summer (the opinion only being available in Englis ..read more
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The EPO Are Not 'Board' of AI Yet - EPO Board of Appeal Weighs in on Whether Artificial Intelligence Can Be an Inventor
IP Iustitia
by Jani Ihalainen
1y ago
The progression of AI in the world of IP rights keeps trundling along, with many national and international bodies having already weighed in on whether AI can be an inventor for the purpose of patent law or not (discussed on this blog before). The answer seems to have been a resounding "no", however, following an earlier decision by the EPO, the EPO Board of Appeal has now issued its decision in the ever-continuing DABUS saga, which does shed some further light on the matter and does show that the current legislative framework does seem robust enough on the matter of AI (though this writer wou ..read more
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Challenger Defeated - Article 17 of the Digital Single Market Directive remains valid in light of the Freedom Expression
IP Iustitia
by Jani Ihalainen
2y ago
The EU is currently working on, or passing, big legislative changes in order to address issues within the digital marketplace and in relation to "Big Tech". This includes the Digital Single Market Directive and the forthcoming Digital Services Act, which will make sweeping changes to how companies operate in the digital space. One hotly contested point within this package is Article 17 of the DSM, which was challenged by Poland in a hotly awaited case within the CJEU. Following an opinion from Advocate General Øe as far back as July last year, the Court handed down its decision very ..read more
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