http://ipkitten.blogspot.com/2023/03/never-too-late-in-case-you-missed-ipkat.html
It’s starting to feel like Spring now. Here’s what you missed from the IPKat last week:
Book reviews
Hayleigh Bosher reviewed the third edition of International Copyright and Neighbouring Rights: The Berne Convention and Beyond, by Sam Ricketson and Jane Ginsburg.
Copyright
| Image by Riana Harvey |
Anna Maria Stein discussed a recent US Copyright Office decision regarding a graphic novel that includes images created by a generative Artificial Intelligence (AI) system. The USCO held that any activity, even if original, carried out by the AI cannot be qualified as authorship under copyright, since it was not “human”.
Designs
Katfriend Henning Hartwig reported on how there has been a “dramatic reduction” in trade mark and design cases adjudicated at the CJEU since 2019, and how this has impacted the decisions of the General Court.
Marcel Pemsel commented on the CJEU’s decision in Papierfabriek Doetinchem (C-684/21), which clarified the technical function exclusion in Art. 8(1) Design Regulation.
Geographical indications
Anastasiia Kyrylenko reported on the key discussions and debates that occurred at the ECTA Alicante Round Table on Geographical Indications on 2 March this year.
Patents
Rose Hughes analysed the EPO’s recent decision (T 0169/20) which attempts to address the role of the description of a patent in interpreting the language of the claims of a patent.
Marcel Pemsel commented on the recent English High Court decision Interdigital v Lenovo, regarding FRAND (fair, reasonable, and non-discriminatory) licensing rates for patents.
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