Around the IP Blogs


There are a few new articles on the blogs...let this Kat introduce you to them.

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Where is human after all in Artificial Intelligence? This question was answered by Kluwer Patent Blog where a thesis was proposed which entails that it is necessary to take into account what artificial intelligence really is, technically, to be able to apply it Patent Law rules, by considering AI from two perspectives: that of the Subject of Patent Law and that of the Object of Patent Law.


The America Invents Act of 2011 included a major reshuffling of what counts as “prior art” against a given patent. 35 U.S.C. § 102 was substantially rewritten with a new focus on an application’s effective filing date, and zero focus on whether a patent applicant was the “first to invent.” PatentlyO reported on the America Invents Act.


Though it is not over, it seems that the end of the Covid-19 pandemic may be in sight. A select group of countries has managed to bring vaccines to the market in record time. This achievement no doubt represents a significant feat in human ingenuity, but it also presents a ripe issue in the intellectual property space — namely, compulsory licensing and intellectual property (IP) waivers. IPWatchdog reported on the call for compulsory licensing and IP waivers of COVID-19 vaccines which ignores technical complexities.


Trade marks

On 18 March 2021, the Minhang District (Shanghai) Court published on its website a judgment, rendered on 25 September 2020, which could become a precedent in the fight against trade mark squatting. Marques reported on the judgment in the case of BRITA v DEBRITA.


Phonetic similarity, even to a high degree, is not enough to cause confusion, the General Court has held. Kluwer Trademark Blog reported on this decision here.



Interest in eSports has accelerated during the COVID-19 pandemic. With the rise of eSports, we also see new creative tools, and platforms for sharing them. Yet surprisingly, and despite being fundamentally underlain with a copyrighted work, relatively little research has been undertaken into the copyright context of eSports. Kluwer Copyright Blog explores copyright subsistence in eSports from a UK perspective

Around the IP Blogs Around the IP Blogs Reviewed by Magdaleen Jooste on Sunday, April 11, 2021 Rating: 5

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