EUIPO BoA IP Case Law Conference Report # 4 – "IP Code-Breaking in the Era of AI Advancements"

This TechieKat is thrilled to attend the 5th Intellectual Property Case Law (IPCLC) Conference which is taking place today and tomorrow in Alicante, Spain. As reported here and here, this year’s edition coincides with the 30th anniversary of the European Union Intellectual Property Office (EUIPO).

Part of the IPKat team and some Katfriends are also in Alicante reporting on the event. See the reports #1 here, #2 here and #3 here.

Here is TechieKat’s report on session #4 “IP Code-Breaking in the Era of AI Advancements”, which discusses the challenges digital transformation brings with artificial intelligence (AI) and the metaverse.

The session covering four topics was moderated by Noemi Parrotta (Partner at Spheriens).

Hugh O’Neill (Head of Legal Practice Service at EUIPO) discussed Topic 1: IP in NFTs and Cryptocurrencies – On the origin of the ”specie”. Hugh provided an overview of trade mark protection for non-fungible tokens (NFTs). As such, he indicated that class 9 is relevant when considering NFTs as digital certificates performing the function of authentication of digital files (e.g., downloadable digital music files authenticated by non-fungible tokens [NFTs]), whilst other classes would apply depending on the items authenticated (e.g., clothing authenticated by non-fungible tokens [NFTs] in class 25). Likewise, when NFTs are considered as a technology, the speaker stressed that class 9 and 42 are applicable (e.g., downloadable computer software applications for minting non-fungible tokens [NFTs] and providing online non-downloadable computer software for minting non-fungible tokens [NFTs], respectively). [See TechieKat’s post here about EUIPO on trade marks and the metaverse, EUIPO webinars on Exploring Generative AI here and the metaverse here]. The terminology and key concepts of cryptocurrencies were also addressed.

Hugh O’Neill (Head of Legal Practice Service at EUIPO)

Then, it was the turn of Emanuela G. Zapparoli (Counsel at Nunziante Magrone) on Topic 2: IP Professionals and the Metaverse: Grappling with VR and AI technology. Emanuela discussed very hot topics, including the cases Hermès Int’l v. Rothschild involving MetaBirkins NFTs in the USA (see GuestKat’s post here) and Andersen v. Stability AI concerning GenAI, training data and users’ output images in the USA. The speaker underlined the need for continuous learning and adaptions for legal practitioners and judicial systems to keep pace with the evolution of technology and its impact on IP rights enforcement and protection.

Emanuela G. Zapparoli (Counsel at Nunziante Magrone) 

After her, Bharat Kapoor (Vice President at Authentix) addressed Topic 3: IP Perils of Avatars in Cyberspace. Bharat explained the evolution of avatars in a pre and post-AI era, covering their types and characteristics as well as the use of content protected by copyright. Examples of new-age avatars (post-AI), including image, video and text-based avatars, were provided. Likewise, the challenges derived from using IP rights without permission, generated deepfakes, AI-generated music, platforms used for piracy and apps for removing people’s clothes in uploaded pictures were also analyzed. The speaker underlined that it will be determined in due course how courts would decide on issues involving AI, free speech, parody, and data scraping.

Bharat Kapoor (Vice President at Authentix)

Last but not least, Sarah Bailey (Partner at Simmons & Simmons) discussed Topic 4: Ten steps to protecting IP in Cyberspace. As such, Sarah emphasized the following ten steps [Merpel considers number ten an essential one]:

1. Understand the technology.

2. Leverage the technology.

3. Implement technical protection.

4. Register your IP to cover the cyberspace.

5. Negotiate licenses with cyberspace players.

6. Monitor the cyberspace to spot infringements.

7. Prepare to enforce your rights against cyberspace infringements.

8. Be on the lookout for technical, judicial, and legal evolutions.

9. Be creative and ready to adapt your strategy.

10. Do not hesitate to reach out to an IP expert.

  

Sarah Bailey (Partner at Simmons & Simmons) 

Overall, the fourth session showcased the challenges that new technologies pose and the eagerness to anticipate how the Courts would address IP issues when involving GenAI and virtual environments in light of the current legal frameworks. [Merpel purrs with happiness, as these are exciting times for the IP community!].

Stay tuned for the second-day reports from (hopefully a sunnier) Alicante!

Other IPCLC Reports:

• EUIPO BoA IP Case Law Conference Report #1 – “An Odyssey Through the Evolving Landscape of Trade Mark General Court Judgments”.
• EUIPO BoA IP Case Law Conference Report #2 – “A Deep-Dive into latest Design Case-law and Developments: Multi-layered Perspectives”.
• EUIPO BoA IP Case Law Conference Report #3 – “Reconciling the Old with the New: Challenges of Trade Mark Modernization”.

Images by Verónica Rodríguez Arguijo, taken during the event.