Intellectual Property Rights

Case load of the #UnifiedPatentCourt since start of operation in June 2023 update 30 June 2025
unified-patent-court.org/en/news/case...
confirming the dominance of the German #patent world

Re: Anthropic. Training use was a fair use. Print-to-digital format change was a fair use. Denies summary judgment for Anthropic that the pirated library copies must be treated as training copies.

chatgptiseatingtheworld.com/wp-content/u...

'Forum shopping within the UPC is not an aberration, it is a rational adaptation to structural plurality.'
#patent #unifiedpatentcourt
NB:
Read with caution.
t.co/agWILtNXdc

European Parliament Deal on #patent rules exception to ensure the supply of critical products.
New “compulsory licensing” regime agreed by EU co-legislators
t.co/497ggeJa3O

Supreme Court upholds Texas porn law that caused Pornhub to leave the state Adults have no First Amendment right to avoid age verification, 6–3 ruling says.

US Supreme Court upholds Texas porn law that caused Pornhub to leave the state arstechnica.com/tech-policy/...
'A Texas law that requires age verification on porn sites, finding that the state's age-gating law doesn't violate the First Amendment.'

Enforcing the Online Safety Act: Platforms must start tackling illegal material from today From today, online platforms must start putting in place measures to protect people in the UK from criminal activity, while Ofcom has launched its latest enforcement programme to assess industry compl...

Enforcing the #OnlineSafetyAct: Platforms must start tackling illegal material from today
www.ofcom.org.uk/online-safet...
A number of online services to provide an illegal harms risk assessment
Enforcement:
Fines of up to 10 percent of global turnover;
Shutting down the platform;
Jailed sentences

Google joins OpenAI in pushing feds to codify AI training as fair use Google says it just wants “balanced” copyright rules.

Google joins OpenAI in pushing feds to codify AI training as fair use
Google says it just wants "balanced" #copyright rules
arstechnica.com/google/2025/...
Article by @rwhitwam.bsky.social

Logos of three associations

👀Looking for news to kick off the week?

In #France, #publishers and #authors associations united in a lawsuit against #Meta to Protect #Copyright from infringement by generative #AI developers

Read the press release by SNE, the French Publishers' Association! 👉 fep-fee.eu/Authors-and-...

Copyright and Artificial Intelligence This consultation seeks views on how the government can ensure the UK’s legal framework for AI and copyright supports the UK creative industries and AI sector together.

UK IPO's open consultation:
#Copyright and Artificial Intelligence
Closes: 25 February 2025
This consultation seeks views on how the government can ensure the UK’s legal framework for AI and copyright supports the UK creative industries and AI sector together.
www.gov.uk/government/c...

Liverpool University Press selected as new publishing partner The British Academy has chosen Liverpool University Press as the new partner for its prestigious and long-running publishing programme.

Academic publishing:
Liverpool University Press has been selected as the new (long-running) publishing partner of British Academy
www.thebritishacademy.ac.uk/news/liverpo...

UKIPO partially dismissed Gap's action to block Transport for London’s application to register “MIND THE GAP" for use on eyewear, bags, and helmets, etc. but not for purses, wallets, etc
NB: Bad faith and prior agreement
See, also, comment by Geoff Weller
trademarklawyermagazine.com/did-transpor...

CMA to investigate Google’s search services Investigation to determine if Google has strategic market status in search and search advertising activities and whether these services are delivering good outcomes for people and businesses in the UK...

The Competition and Markets Authority (CMA) launched an investigation to assess Google’s position in search and search advertising services, and how this impacts consumers, businesses incl. advertisers, news publishers, rival search engines.
www.gov.uk/government/n...
#CMAGoggleprobe #Goggleprobe

Appeals court blocks FCC’s efforts to bring back net neutrality rules A three-judge panel ruled the FCC exceeded its authority reviving net neutrality.

'[US] Appeals court blocks FCC’s efforts to bring back #netneutrality rules ' by Ashley Belanger
arstechnica.com/tech-policy/...

January 1, 2025 is #PublicDomain Day: Works from 1929 are open to all, as are sound recordings from 1924

web.law.duke.edu/cspd/publicd...

Happy New Year!

Copyright and Artificial Intelligence This consultation seeks views on how the government can ensure the UK’s legal framework for AI and copyright supports the UK creative industries and AI sector together.

Re: Artificial intelligence
UK IPO's open consultation on how the government can ensure the UK’s legal framework for #AI and #copyright supports the UK creative industries and AI sector together.

Closes: 25 February 2025
www.gov.uk/government/c...

'End of Hachette v. Internet Archive'
blog.archive.org/2024/12/04/e...
@internetarchive.bsky.social surrenders and does not appeal to the US Supreme Court. #copyright

The Emotional (Perception) Rollercoaster Continues: Supreme Court agrees to hear an appeal on Patentability of AI Inventions In July 2024, the UK Court of Appeal handed down its judgment in Emotional Perception v Comptroller, ruling that Emotional Perception’s deep learning AI recommender...

UK Supreme Court agrees to hear an appeal on Patentability of AI Inventions
cms-lawnow.com/en/ealerts/2...
Emotional Perception v Comptroller
Re: artificial neural network (#ANNs) #patent

YouTube video by Grand Palais Chiharu Shiota : Les frémissements de l'âme

Chiharu Shiota: The soul trembles
www.youtube.com/watch?v=UeZ8...
Chiharu Shiota bientôt au Grand Palais : un avant-goût en images!
Dès le 11/12
#ExpoShiota

reference?

Influencer Legal Hub This platform provides content creators, influencers, advertisers and agencies active in the European Union, with basic guidance on how to comply with EU consumer protection law. Access resources such...

An introduction to the EU's Influencer Legal Hub
esp. Part 4: Influencers and #intellectualproperty

commission.europa.eu/live-work-tr...

OFCOM's Open letter to online service providers:
Any AI-generated text, audio, images or videos is regulated in exactly the same way as human-generated content
www.ofcom.org.uk/online-safet... #OnlineSafetyAct #OSA2023 #onlineharms

Penn State Wins Industry-Shaping Trademark Trial Over Logo Use In a decision with major implications for the sale of college apparel & merchandise, Penn State wins a federal trademark trial against Vintage Brand.

#trademarklaw and college sports merchandise
Penn State proved that Vintage Brand, which sells vintage T-shirts, etc., infringed PSU[niversity]’s trademarks by selling products bearing the school’s imagery without permission.
www.sportico.com/law/analysis... #trademark

Retired judge to front collective action against Google A retired deputy High Court judge is set to front a collective action worth billions of pounds alleging that Google has abused its dominant position in online search advertising.

A retired deputy High Court judge is set to front a collective action worth billions of pounds alleging that Google has abused its dominant position in online search #advertising.
www.legalfutures.co.uk/litigation-d... #competitionlaw #Googleanticompetitive
CMA file 9/24 www.gov.uk/government/n...

SkyKick UK Ltd & Anor v Sky Ltd & Ors (Rev1) [2024] UKSC 36 #trademark
www.bailii.org/uk/cases/UKS...
The Supreme Court's judgment will make it harder for companies wanting to prevent others in different industries from using their brand names and logos.

Pfizer Inc v UniQure Biopharma BV [2024] EWHC 2672
Revocation: #genetherapy #patent valid and infringed by Pfizer.
Key: reasonable expectation of success before an alleged invention is considered obvious,
considering Lord Hodge’s factors in Actavis [2019] UKSC 15
bailii.org/ew/cases/EWH...

UK court sides with Icelandic firm over artist’s spoof corruption apology Judge considering complaint by fishing firm Samherji rules artist Odee unlikely to be able to defend work as parody

UK court sides with Icelandic firm over artist’s spoof corruption apology
Rules: artist Odee unlikely to be able to defend work as parody #domainname
www.theguardian.com/law/2024/nov...
Samherji HF v Fridriksson [2024] EWHC 2892
www.bailii.org/ew/cases/EWH...

Book: The Unitary #Patent Package & Unified Patent Court. Problems, Possible Improvements and Alternatives
#unifiedpatentcourt
zenodo.org/records/7875...