The IPKat BLOG – Page 23

In: The IPKat BLOG

A single piece of US copyright: Are AI-generated images original artistic works or banal compilations?

http://ipkitten.blogspot.com/2025/02/a-single-piece-of-us-copyright-are-ai.html On 30 January 2025, the US Copyright Office (USCO) registered A Single Piece of American Cheese, a visual material generated by Invoke AI and with a technique called “inpainting”. Initially rejected in September 2024, the application was reconsidered after the applicant argued that the work involved sufficient human creativity.... Continue reading
In: The IPKat BLOG

[Guest post] The UK’s AI and copyright consultation – will data protection law render any commercial TDM exception ineffective?

http://ipkitten.blogspot.com/2025/02/guest-post-uks-ai-and-copyright.html The IPKat has received and is pleased to host the following commentary from Katfriends Adrian Aronsson-Storrier and Sam Berriman (both Lewis Silkin LLP), pondering on the implications of a potential UK reform of the existing text and data analysis defence in section 29A CDPA and tackling what is often an overlooked... Continue reading
In: The IPKat BLOG

Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2025/02/never-too-late-if-you-missed-ipkat-last_17.html Didn’t catch the latest in IP news last week? Don’t worry, here’s your chance to catch up on everything you might have missed! Patents Rose Hughes highlighted the EBA’s preliminary opinion in referral G1/24, which addresses the role of the description in claim interpretation. The EBA found Questions 1... Continue reading
In: The IPKat BLOG

Is Ferrari’s Testarossa trade mark up for grabs? The interplay between bad faith and a trade mark with a reputation

http://ipkitten.blogspot.com/2025/02/is-ferraris-testarossa-trade-mark-up.html In the SIMCA decision (case T-327/12), the General Court found that the third-party application for a formerly famous trade mark that is still registered but has not been used for decades constitutes bad faith if the applicant intends to take advantage of the remaining reputation. This judgment begs the... Continue reading
In: The IPKat BLOG

Dutch court holds that TDM opt-out must be done by “machine-readable” means

http://ipkitten.blogspot.com/2025/02/dutch-court-holds-that-tdm-opt-out-must.html In a recent decision (ECLI:NL:RBAMS:2024:6563) on the application of the EU’s text and data (TDM) mining (TDM) exception in respect of RSS feeds, which may also be relevant to AI, the Amsterdam District Court (the Court) held that an opt-out from the TDM exception pursuant to the the Dutch transposition... Continue reading
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Friday Fantasies

http://ipkitten.blogspot.com/2025/02/friday-fantasies.html As the IPKat gazes out the window at the first hints of spring peeking through the winter gloom, she couldn’t help but purr with excitement at the flurry of upcoming IP-related events and opportunities. IP Events Are your weekends empty without a discussion of AI and IP? Do not... Continue reading
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IPKat Book of the Year Awards 2024 winners announced!

http://ipkitten.blogspot.com/2025/02/ipkat-book-of-year-awards-2024-winners.html After much anticipation, we are ready to announce this year’s winners of the IPKat Book of the Year Awards! Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by... Continue reading
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Blow up: Claim against BBC ends in civil restraint order

http://ipkitten.blogspot.com/2025/02/blow-up-claim-against-bbc-ends-in-civil.html Image from Copilot (prompt in image description) Hot on the heels of the failure of a format rights claim reported by the IPKat here, the decision of the English High Court in Jukic v British Broadcasting Corporation & Anor [2025] EWHC 221 (Ch) deals with a claim by an... Continue reading
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[Guest Post] CJEU weighs in on supplementary protection certificates in Merck v Teva/Clonmel decision

http://ipkitten.blogspot.com/2025/02/guest-post-cjeu-weighs-in-on.html Supplementary protection certificates (SPCs) are a complex area, so it was helpful that the CJEU had the opportunity to clarify some aspects of the law. This Kat is pleased to share a guest contribution from Katfriends Claudio Germinario (SIB) and Federico Caruso (SIB LEX) to consider the guidance from much-anticipated CJEU... Continue reading
In: The IPKat BLOG

[Guest post] Copyright in fictional universes

http://ipkitten.blogspot.com/2025/02/guest-post-copyright-in-fictional.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Harry Houlden (Manchester Metropolitan University) reflecting on the broader implications of the Shazam ruling of the Intellectual Property Enterprise Court (IPEC) [IPKat here] regarding the copyright protection, not of fictional characters per se (which... Continue reading