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