Currently browsing: “…on the edge of IP” Newsletter

ChatGPT : a pioneer of generative AI

ChatGPT : a pioneer of generative AI

In today’s tech-driven world, ChatGPT is virtually impossible to ignore. Emerging as a vanguard in generative AI, its impact on content creation pervades both mainstream media and the daily routines of myriad individuals. While ChatGPT boasts undeniable advantages, it prompts crucial discussions surrounding intellectual property (IP) and the impact of AI on the patent system.

digital fashion

The rise of digital fashion: A new area for community design rights?

The fashion industry is transforming from analog to digital. This evolution came about due to the increasing demand for sustainability and the influence of the gaming industry. The COVID-19 pandemic accelerated the process by compelling the fashion industry to adjust to social distancing. While the use and sale of digital fashion creates a number of opportunities for fashion brands, it also opens the door to new disputes concerning the intellectual property rights attached to these digital products, especially design rights.

Non-Conventional Trademarks: the senses

Non-Conventional Trademarks Article #2: Trademarks that stimulate the senses

Trademark protection is invaluable within corporate intellectual property protection. First, there is a strong patrimonial value associated with trademark protection. Second, a trademark is the consumer’s point of reference within a vast and rapidly growing innovative and competitive world. A trademark offers recognizability and creates trust. It ensures that a consumer knowingly chooses a product or service from one company over the other. The investment in trademarks is therefore inextricably linked to the economic success of companies.

artificial intelligence & patents what's the connection?

Artificial Intelligence & Patents: what’s the connection?

A working group started in January 2022 with the aim to establish a common understanding of terms and to outline a common practice among EPC contracting and extension states and the EPO. Several aspects are playing a role in the very fast expansion of AI that we see today. For example, processing power has increased significantly and better AI models are available as a tool. Combine that with big data, cloud computing, 5G, etc. and AI can solve technical problems in almost any technical domain. This resulted in the past years in a significant rise of the number of AI-related patent applications.

Non-conventional trademark – Color Mark

Non-conventional trademark – Part 1 – Color Mark

The route to registration for a sign is made up of several steps including an application to register it as a trademark. And within this application, and in order for it to be registered as a trademark, it must comply with a number of statutory rules.

If the most frequently occurring trademarks are “traditional” words, figurative and figurative marks with word elements, then a sign used in trade to identify the origin of products or services (the basic definition of a trademark) can also consist of non-traditional marks.

Without being too exhaustive, a list of “non-traditional” trademarks will include color marks, shape trademarks, sound marks, pattern marks, position marks, motion marks, multimedia marks or even hologram marks. In this article, we will focus on color and follow it with a series of articles on the other forms of non-conventional trademarks.

Abortion pill: effect on patentability

Abortion pill: effect on patentability

The abortion pill belongs to the category of medicines insofar as it is subject to marketing authorization, at least in Europe and the United States, and must be prescribed by a doctor. The two main active ingredients in the abortion pill are mifepristone, launched on the European market in 1982, and misoprostol.

The issue addressed here is the patentability of the abortion pill itself. Indeed, most patent laws provide for exceptions to patentability, including inventions whose commercial exploitation would be contrary to ordre public and morality, as well as therapeutic treatment methods applied to the human body.

The protection of modern databases under the sui generis database right

The protection of modern databases under the sui generis database right

Our digital economy has become more and more data driven. Databases today are increasingly generated and verified with the means of machines, sensors and other new technologies, for example Artificial Intelligence or the Internet of Things (“IoT”). In order to secure the competitiveness of digital sectors and markets there are legislative initiatives on a European level to guarantee the free-flow of data, such as the Data Act Proposal of the European Commission of 23 February 2022. This is a difficult task because of the existing legal framework in relation to the protection of certain types of data contained in databases, specifically under the so-called “sui generis right” of the maker of the database.

human rights is ip rights

Did you know that IP rights are recognized as human rights?

Article 27.2 of the Universal Declaration of Human Rights states the following: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”

The protection of intellectual property is essential to furthering innovation on a global scale. Without protection of ideas, inventions, products and services (and the ability to enforce those rights), individuals as well as businesses would most likely focus less on research and development.

at a glance: on the edge of ip

“At a glance” Reflecting 2021 and 2022

The stage and characters in the world of IP continue to evolve and staying ahead of the curve is critical for IP professionals towards providing informed advice to clients or corporate departments on best next steps in IP protection, enforcement and monetization. GEVERS has designed the “…on the edge of IP” newsletter to assist you with ‘edgy’ subject matters IP in the EU. Let’s take a look at our ‘building block’ articles from the past 12 months!

metaverse domains

Metaverse Domains: Both a virtue and a vice for trademarks owners

You must have been living on Mars lately to not know that the metaverse is the next best thing. One can give several definitions to the metaverse, but – simply put – it is a network of interconnected 3D virtual spaces in which users can interact with each other via avatars. The fun thing about such a metaverse world, is that people can experience things which cannot be experienced, our which are at least more difficult to experience, in the real world. Via the metaverse you can for example walk across the Great Wall of China with one simple click of your mouse while doing the same thing in real life will cost more effort and money.