Never Too Late: if you missed the IPKat last week
The IPKat Blog
by Chiara Gallo
5h ago
Here is the latest recap of the posts written by the Kats since the last Never Too Late post.  Image by Pixabay Copyright Nedim reported the words of Katfriends Adrian Aronsson-Storrier and Oliver Faihurst, from Lewis Silkin, on the litigation commenced by Getty against the developers of the AI image generation software, Stability AI. The post also analysed the characteristics of AI image generation softwares, how AI tools function and the impact of copyright on the same tools. Anna Maria discussed the recent decision of the Italian Supreme Court in relation to t ..read more
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[Guest post] Under the influence: Influencer marketing – when private individuals become professionals and (potentially) responsible for IP infringements
The IPKat Blog
by Nedim Malovic
17h ago
The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen, Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. Here’s what they write: Under the influence: Influencer marketing – when private individuals become professionals and (potentially) responsible for IP infringements by Jakob Plesner Mathiasen, Hanne Kirk and Thit Nymand Nisbeth When deciding what restaurant to visit, which facial cream to purchase or even the destination for the next vacation, we often turn ..read more
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UK Government axes plans to broaden existing text and data mining exception
The IPKat Blog
by Eleonora Rosati
3d ago
Ready to mine ... As it was explained in the Impact Assessment accompanying the Commission’s Proposal for what would eventually become and be adopted by the Parliament and the Council as the DSM Directive [Katposts here], text and data mining (TDM) is a term commonly used to describe the automated processing ("machine reading") of large volumes of text and data to uncover new knowledge or insights. The overall use (and usefulness) of TDM lies in the possibility to analyze big corpuses of text and data such as scientific publications or research datasets. Although classical TDM and m ..read more
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Digital art protectable under copyright? Yes, says the Italian Supreme Court
The IPKat Blog
by Anna Maria Stein
3d ago
As the well-known Sanremo Music Festival is approaching with the 2023 edition, the Italian Supreme Court recently issued decision No. 1107/2023 involving RAI - Radiotelevisione Italiana. This decision was rendered in the context of proceedings concerning the alleged unlawful use of an art work created using software in a past edition of said Festival. The Supreme Court recalled the conditions of protectability of an artwork in a case involving a work created using software.   Background   The author (an architect acting under the pseudonym Lindelokse) sued RAI before the Court of ..read more
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Friday Fantasies
The IPKat Blog
by Kevin Bercimuelle-Chamot
3d ago
A Kat trying to submit a paper A new month has begun and, together with that, here are the latest opportunities and events to find out about. Events 24 February 2023: “What Does My Claim Cover?” UNION-IP will hold an event, titled "What Does My Claim Cover? - Intended and Unintended Consequences of Amendments During Prosecution and Post-Grant Proceedings", in Munich, on 24 February 2023. This roundtable will be an opportunity to debate the impact of the changes to the Guidelines for Examination (F-IV 4.3 in particular) in relation to amendments to the description, in judicial procee ..read more
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[Guest post] Litigation commenced against the developers of AI image generation software
The IPKat Blog
by Nedim Malovic
3d ago
Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. In just the past year the IPKat has hosted a number contributions on IP and AI generated creations/inventions, including book reviews, a report on the US Copyright Office decision to reject protection for an artwork created by a machine, analysis of the UK IPO consultation on AI and IP, and updates on Dr Thaler’s attempt to name the DABUS algorithm ..read more
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Never too late: if you missed the IPKat last week
The IPKat Blog
by Benjamin Goh
5d ago
We can’t believe it’s already February. Here’s what you missed last week. Patents Benjamin unpacked a patent royalties dispute between the University of Oxford and a student inventor, where the English High Court explained which categories of students should be treated as consumers for the purposes of consumer protection law, and why. Annsley explored the consequentials hearing (which takes place after the judgement is given) to the aforementioned royalties dispute between Oxford and the student inventor. The High Court dealt with the royalty payments, costs, confidentiality of certain docum ..read more
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Daniel Alexander KC says "no" on indemnity costs, blanket confidentiality orders and permission to appeal in Oxford University Innovation dispute
The IPKat Blog
by Annsley Merelle Ward
6d ago
The AmeriKat ignoring you after being told "no" A few weeks ago, the IPKat reported on the decision in Oxford University Innovation v Oxford Nanoimaging [2022] EWHC 3200 (IPKat report here).  In that case (at a whopping 651 paragraphs), the Court held that students can, in certain situations, be “consumers” vis a vis a university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR) but that in the contract before it the transfer of IP rights from students to the University was not unfair and thus did not fall foul of UTCCR.  The result being that ..read more
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The Geographical Indications movement: How does Africa play its hand?
The IPKat Blog
by Chijioke Okorie
6d ago
According to Voltaire, “each player must accept the cards life deals him or her; but once they are in hand, he or she alone must decide how to play the cards in order to win the game.” This quote best encapsulates The legal construction of geographical indications in Africa by Titilayo Adebola discussed in this post. The legal construction of geographical indications in Africa is published in the Journal of World Intellectual Property and highlights a hugely important aspect of the movement to promote and protect Geographical Indications (GIs) in and across Africa: GIs are neither so good nor ..read more
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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)
The IPKat Blog
by Rose Hughes
6d ago
The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation.  Case background The patent (EP 2140867) in T 0670/20 related to a tablet form of the anti-blood clot d ..read more
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