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Artificial intelligence (AI): The qualification of AI creations as “works” under EU copyright law

The authorship of AI creations has already been the subject of much debate and some interesting articles have been published about this topic. However, the first condition about the qualification of an AI creation has been underexposed so far; can AI creations qualify as a “work” to start with? And, can AI creations even be protected under EU copyright?

An interesting example of the issue of copyright protection of AI creations is illustrated in the following case before the US Copyright Office (“USCO”). On February 14, 2022, the Copyright Review Board of the USCO refused the application for copyright protection
of an AI creation in the form of a two-dimensional artwork entitled “A Recent Entrance To Paradise”

Canabis
Cannabis, avoiding confusion with other Cannabis Trademarks – Part 3

The first hurdle in obtaining the registration of your trademark is the examination on absolute grounds. Many trademarks containing references to the green gold are refused for descriptiveness or lack of distinctive character. Some are even considered contrary to public
policy or accepted principles of morality. You can read more about this in our two prior articles, available here.

The road to a registered trademark does not stop there. After the examination, your EU or Benelux trademark will be published for opposition purposes before being registered – that is, if no one successfully opposed your application for example on the basis of earlier rights. In our second article, we examined the similarity of certain cannabis-related goods and services and the relevant public to be taken into account. In this third article, we examine two more relevant factors to assess the likelihood of confusion.

You snooze you lose? Trademarks in the metaverse

The metaverse might just be the next big thing. But how will you protect your brands in the metaverse? Even if you are not an early adopter, it is better to be safe than sorry. Read on to find out more about trademark protection for all things metaverse from a general EU trademark perspective.

Confidentiality
The confidentiality agreement in brief

With respect to project developments, often times it is necessary to engage in discussions with third parties,  including strategic information concerning the project without binding the parties to any cooperation agreement that regulates their working relationship.

However, it is important that the confidential nature of this information be preserved to protect the owner of the ‘strategic information’ and any advantage it affords them.

Important changes to the European Patent system

As you may have heard, 2022 – 2023 will become a time for important changes for the European patent system. As these changes will also affect existing European Patents and European Patent Applications (European Patent Rights), we feel it is important we inform you on these changes.

unitary patent
THE UNIFIED PATENT COURT, the new court for European Patents THE OPT-OUT OPTION

Thanks to progress in its ratification, the UPCA  is approaching its entry into force in the following 17 EU Contracting Member States: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.

The Provisional Application Phase (PAP) of the UPCA has already started. Once the preparations are sufficiently completed, Germany will ratify the UPCA, which will trigger the start of the 3 to 4 month sunrise period, preceding actual entry into effect of the UPC, which will likely occur early 2023.

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