The IPKat BLOG – Page 256

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Feilin v. Baidu: Beijing Internet Court tackles protection of AI/software-generated work and holds that copyright only vests in works by human authors

http://ipkitten.blogspot.com/2019/11/feilin-v-baidu-beijing-internet-court.html Whether an AI-generated work can be protected by copyright is currently one of the most heatedly discussed issues almost everywhere in the world. Although the discussion in academia and practice is prevalent, to the best knowledge of this InternKat, there are still very few cases decided by courts on this matter as of today. Just a few months ago, the... Continue reading
In: The IPKat BLOG

Can the UK become and stay a member of the UPC?

http://ipkitten.blogspot.com/2019/11/can-uk-become-and-stay-member-of-upc.html The European Parliament Think Tank has issued a paper on the question of whether the UK can remain a member of the Unitary Patent Court (UPC) in a post-Brexit world. The cautious conclusion of the paper is that “it seems not per se legally impossible that the UK can... Continue reading
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Call to readers: let’s talk about patent quality

http://ipkitten.blogspot.com/2019/11/call-to-readers-lets-talk-about-patent.html Last week, the Intellectual Property subcommittee to the U.S. Senate Committee on the Judiciary held a hearing to inquiry how the U.S. Congress can prevent the issuance of poor quality patents . The hearing was part of a series to educate the subcommittee on the current state of U.S.... Continue reading
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Book launch: “The Confusion Test in European Trade Mark Law”

http://ipkitten.blogspot.com/2019/11/book-launch-confusion-test-in-european.html The IPKat has been informed about the launch of the book, “The Confusion Test in European Trade Mark Law”, by Dr. Ilanah Fhima and Professor Dev Gangjee and published by Oxford University Press. The event will take place on 14 November 2019, 18:30 – 19:30 at UCL Faculty of... Continue reading
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Airbnb rentals and communication to the public: do you need a specific licence for your TV/radio sets?

http://ipkitten.blogspot.com/2019/11/airbnb-rentals-and-communication-to.html When the room you booked on Airbnb is already occupied Earlier this week, The IPKat received an intriguing couple of questions from a reader who is currently studying IP law: does someone renting out their spare bedroom on Airbnb around 50% of the time have to acquire a separate licence... Continue reading
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Conference Report: “Artificial Intelligence: Challenges for Intellectual Property Law”

http://ipkitten.blogspot.com/2019/11/conference-report-artificial.html Kat friend Rachel Platts provides IPKat readers with a summary of the recent conference on Artificial Intelligence: Challenges for Intellectual Property Law. On 17 and 18 October 2019, the Academy of European Law (ERA) hosted a conference in Brussels on “Artificial Intelligence: Challenges for Intellectual Property Law”. The conference... Continue reading
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[Guest Post] Novelty of Cripps Pink Apples under Council Regulation on Community Plant Variety Rights

http://ipkitten.blogspot.com/2019/11/guest-post-novelty-of-cripps-pink.html Cripps Pink is a sweet, crisp and crunchy variety of apple that was developed by Mr John Cripps (‘the breeder’), a researcher in the Plant Industries division of the Department of Agriculture and Food Western Australia (‘the Department’), by crossing Golden Delicious and Lady Williams varieties. This case is about the... Continue reading
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Rolling to a stop – Jaguar Land Rover shape trade mark rejected, this time by the UKIPO

http://ipkitten.blogspot.com/2019/11/rolling-to-stop-jaguar-land-rover-shape.html When it comes to registering a trade mark, especially a three-dimensional shape, it is clear from the beginning that this will be an uphill battle. From the recent reappearance of the Rubik’s cube (IPKat analysis here), to the KitKat and the London taxi, the list of rejections will certainly intimidate the casual... Continue reading
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No economic links, no exhaustion of the “Schweppes” mark in Spain

http://ipkitten.blogspot.com/2019/11/no-economic-links-no-exhaustion-of.html For Kat readers who cannot get enough about exhaustion of IP rights (and even for Kat readers who can), Kat friend Raúl Bercovitz reports on a fascinating case in Spain regarding the “Schweppes” mark. As a consequence of a voluntary assignment of Schweppes Cadbury’s trademarks to the Coca Cola... Continue reading
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China introduces new regulation tackling bad faith trade marks… and who is Jing Hanqing?

http://ipkitten.blogspot.com/2019/11/china-introduces-new-regulation.html As a key point of the Chinese government’s initiative to curb the proliferation of bad faith trade mark applications, Several Provisions for Regulating Application for Trade Mark Registration (规范商标申请注册行为若干规定, hereinafter referred to as ‘the Provisions’) will go into effect as of 1 December 2019. The full text (in Chinese,... Continue reading