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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.

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.

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.

Solution

Missed a patent deadline? Did you know that (European) patent law provides various remedies?

Unfortunately, during patent prosecution, it may occur that a deadline to perform an action required by the patent office is missed. However, do not despair! Legal remedies are sometimes available to address this. In fact, the European Patent Convention provides no fewer than three possible remedies in case a deadline is missed. Which remedy is available depends on the specific action that was missed.

World IP Day 2022

𝐓𝐡𝐢𝐬 𝐲𝐞𝐚𝐫 𝐰𝐞 𝐚𝐫𝐞 𝐜𝐞𝐥𝐞𝐛𝐫𝐚𝐭𝐢𝐧𝐠 𝐈𝐏 𝐚𝐧𝐝 𝐘𝐨𝐮𝐭𝐡: 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐧𝐠 𝐟𝐨𝐫 𝐚 𝐁𝐞𝐭𝐭𝐞𝐫 𝐅𝐮𝐭𝐮𝐫𝐞. 𝐓𝐡𝐞𝐫𝐞𝐟𝐨𝐫𝐞 𝐰𝐞 𝐡𝐚𝐯𝐞 𝐝𝐞𝐜𝐢𝐝𝐞𝐝 𝐭𝐨 𝐡𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭 𝐬𝐨𝐦𝐞 𝐫𝐞𝐦𝐚𝐫𝐤𝐚𝐛𝐥𝐞 𝐢𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧𝐬 𝐟𝐫𝐨𝐦 𝐲𝐨𝐮𝐧𝐠 𝐞𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫𝐬 𝐰𝐡𝐨 𝐡𝐚𝐯𝐞 𝐜𝐡𝐨𝐬𝐞𝐧 𝐆𝐄𝐕𝐄𝐑𝐒 𝐭𝐨 𝐩𝐫𝐨𝐭𝐞𝐜𝐭 𝐭𝐡𝐞𝐢𝐫 𝐚𝐬𝐬𝐞𝐭𝐬. 

Influencers and brand owners: handling wrongful use and the art of letting go

Our consuming society is globally shifting to social media and online marketplaces. This trend has created incredible opportunities for some, and significant losses for others. The traditional mediums for advertising, such as print, radio and television, are losing significant traction to digital spaces. Brand owners are trying to catch the wave by finding new ways to connect with the younger demographic audience. As such, the demands to enhance desirability of brands and deliver products to targeted demographics is growing rapidly and, in turn, brands are hiring the services of social media influencers.

(Non-)uniqueness of the closest prior art

In general, the method of assessing inventive step applied by the European Patent Office is based on the “problem-solution” approach. Since the entry into force of the Pact Law in France, the French National Institute of Industrial Property also examines the criterion of inventive step based on the problem-solution approach.

Cannabis – avoiding confusion with other cannabis trademarks: introduction on likelihood of confusion

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 this article, we take a look at this step in the life of a trademark application with specific reference to cannabis trademarks and goods.