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Journal of Intellectual Property Law and Practice最新文献

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Shedding light on the complex relationship between AI, art and copyright law 揭示人工智能、艺术和版权法之间的复杂关系
Journal of Intellectual Property Law and Practice Pub Date : 2024-03-22 DOI: 10.1093/jiplp/jpae036
Ernesto Edwards
{"title":"Shedding light on the complex relationship between AI, art and copyright law","authors":"Ernesto Edwards","doi":"10.1093/jiplp/jpae036","DOIUrl":"https://doi.org/10.1093/jiplp/jpae036","url":null,"abstract":"","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":" 48","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140216629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Round-up of United States copyright cases 2023 2023 年美国版权案件综述
Journal of Intellectual Property Law and Practice Pub Date : 2024-03-18 DOI: 10.1093/jiplp/jpae027
Charles R Macedo, David P. Goldberg, Thomas Hart, Yangfan Xu
{"title":"Round-up of United States copyright cases 2023","authors":"Charles R Macedo, David P. Goldberg, Thomas Hart, Yangfan Xu","doi":"10.1093/jiplp/jpae027","DOIUrl":"https://doi.org/10.1093/jiplp/jpae027","url":null,"abstract":"\u0000 The US Supreme Court and lower court provided further guidance on fair use defense. The US Copyright Office provided guidance on AI as an author. The Court of Appeals provided guidance on substantial similiarty, server test, abstraction-filtration-comparison, and discovery rule.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"26 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140234543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Punitive damages under the Chinese Civil Code in the context of damages for trade mark infringement: the award that dares to speak its name 中国民法典》在商标侵权损害赔偿中规定的惩罚性赔偿：敢于直言的裁决
Journal of Intellectual Property Law and Practice Pub Date : 2024-03-12 DOI: 10.1093/jiplp/jpae021
Michele Ferrante
{"title":"Punitive damages under the Chinese Civil Code in the context of damages for trade mark infringement: the award that dares to speak its name","authors":"Michele Ferrante","doi":"10.1093/jiplp/jpae021","DOIUrl":"https://doi.org/10.1093/jiplp/jpae021","url":null,"abstract":"\u0000 This article discusses the availability of punitive damages in China for trade mark infringement. While the UK has been reluctant to emphasize the ‘punitive’ nature of such damages, China has legitimized punitive damages by codifying them in 2021. The Supreme People’s Court Interpretation on the Application of Punitive Damages in the Trial of Civil Infringement Cases of Intellectual Property Rights (2021) has sought to clarify the requirements that are applicable to punitive damages, in particular with regard to the required ‘intention’ and the ‘serious circumstances’ in which such damages may be awarded. Although punitive damages still appear to be awarded rarely by Chinese courts, their availability and the increasing clarity around the requirements for their award should lead to the progressive strengthening of the trade mark owners’ right in China.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"193 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140249426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A multi-perspective view on visibility in EU design law 从多角度看待欧盟外观设计法中的可见性
Journal of Intellectual Property Law and Practice Pub Date : 2024-03-12 DOI: 10.1093/jiplp/jpae019
Lavinia Brancusi
{"title":"A multi-perspective view on visibility in EU design law","authors":"Lavinia Brancusi","doi":"10.1093/jiplp/jpae019","DOIUrl":"https://doi.org/10.1093/jiplp/jpae019","url":null,"abstract":"\u0000 In EU design law, the parameter of visibility must multitask. This article aims to discuss its meaning and legal consequences against the current and amended legal provisions for designs. As the legal notion of a design is the ‘appearance of a product’, visibility has been woven into design features’ requirement of perceptibility to the eye. Visibility also aids in the identification of the object of protection for a registered design through the registration documentation and, analogically, the identification of an unregistered design through proofs of disclosure. By this token, design features visibly displayed by the representation/disclosure of a design determine the comparison between the overall impression of a design and another design/product for the purposes of invalidity or enforcement. The Court of Justice of the European Union (CJEU) has also recently framed visibility in the perspective of evidentiary issues of technical functionality. Visibility represents a prerequisite for the assessment of novelty and/or individual character of a design of a component part of a complex product. This article looks into the CJEU’s guidance concerning the protection of parts of products, including the interpretation of the criterion of visibility during normal use that applies to component parts.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"56 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140251062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Copyright, text & data mining and the innovation dimension of generative AI 版权、文本和数据挖掘以及生成式人工智能的创新维度
Journal of Intellectual Property Law and Practice Pub Date : 2024-03-09 DOI: 10.1093/jiplp/jpae028
Kalpana Tyagi
{"title":"Copyright, text & data mining and the innovation dimension of generative AI","authors":"Kalpana Tyagi","doi":"10.1093/jiplp/jpae028","DOIUrl":"https://doi.org/10.1093/jiplp/jpae028","url":null,"abstract":"\u0000 The rise of Generative AI has raised many questions from the perspective of copyright. From the lens of copyright and database rights, issues revolve not only around the authorship of AI-generated outputs, but also the very process that leads to the generation of these outputs, namely the process of text and data mining (TDM). Does unauthorized TDM process infringe the economic rights of the rightholders? How does the TDM-debate transform and transmute in the age of Generative AI? Generative AI tools create works that substitute the content creators whose very work that they learn from, and successively improvise themselves with every iteration. Generative AI, thus, also presents larger policy question as they substitute the romanticized human author that sits at the centre of copyright. In addition, as Generative AI tools, such as ChatGPT, can now also crawl the web, questions thus transcend the frontiers of copyright, and touch upon innovation and competition in the market for web browsers. This research article contemplates on the foregoing issues, and makes some recommendations to create a balanced framework, whereby incentives to innovate are preserved, and the interests of the human author are suitably safeguarded in the age of TDM and Generative AI.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"218 S699","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140256126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Freedom to Operate analysis as competitive necessity—the Selden automobile patent case revisited 作为竞争需要的运营自由分析--塞尔登汽车专利案再探
Journal of Intellectual Property Law and Practice Pub Date : 2024-03-05 DOI: 10.1093/jiplp/jpae018
John Howells, R. Katznelson
{"title":"Freedom to Operate analysis as competitive necessity—the Selden automobile patent case revisited","authors":"John Howells, R. Katznelson","doi":"10.1093/jiplp/jpae018","DOIUrl":"https://doi.org/10.1093/jiplp/jpae018","url":null,"abstract":"\u0000 We contribute a unique empirical account of Freedom to Operate (FTO) analysis in respect to patent claims of others to avoid infringement liability. Over a century ago, the Selden automobile patent owners asserted that its scope encompassed early US automobiles. FTO analyses of the Selden patent claims demonstrated their narrow scope and hence their non-infringement. The legal opinion by patent attorney Parker on the Selden patent gave Ford Motor Company the confidence to publicly indemnify its customers from infringement liability and to publicly challenge the broad claim interpretation of the Selden patent. The asserted broad interpretation of Selden’s patent claims is sometimes alleged today to have retarded US automobile industry development but a review of commercial evidence of the development does not support this conjecture. That developers were undeterred is consistent with the FTO analyses conducted by Ford and others, and the patentee’s avoidance of a court challenge to the validity of the Selden patent on the merits. The Selden case should be known as the classic empirical example of how firms conduct FTO analysis to assess patent scope and validity to enable continued development. The prevalence of FTO practice today should be considered as a reason why such conjectured economic harms from ‘over-broad’ patents may not be realized today. Yet, we found a dearth of publicly available FTO analyses and lack of rigorous empirical studies demonstrating the actual extent of FTO analyses. Given continuing concerns over the harms from ‘over-broad’ patents, there is a need for research into the economics and behavioural influence of FTO analysis.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"129 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140079021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Round-up of European enforcement case law 2023 2023 年欧洲执法判例法综述
Journal of Intellectual Property Law and Practice Pub Date : 2024-03-05 DOI: 10.1093/jiplp/jpae031
C. Gommers, W. Leppink, Marius Schneider
{"title":"Round-up of European enforcement case law 2023","authors":"C. Gommers, W. Leppink, Marius Schneider","doi":"10.1093/jiplp/jpae031","DOIUrl":"https://doi.org/10.1093/jiplp/jpae031","url":null,"abstract":"\u0000 In 2023, several noteworthy decisions relating to the enforcement of intellectual property rights (IPRs) were handed down, including in relation to anti-counterfeiting, parallel trade, litigation aspects and restrictions on the enforcement of IPRs. The decisions of the Court of Justice of the European Union and Supreme Courts and Courts of Appeals of the European Union Member States that the authors consider important are summarized in this contribution. The judgments were rendered between 1 January 2023 and 31 December 2023. As in previous editions, the authors have adopted a practical approach aimed at readers seeking an overview of the key IPR enforcement decisions of 2023.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"23 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140265078","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Round-up of intellectual property decisions and other developments in Africa 2023 2023 年非洲知识产权决策及其他发展综述
Journal of Intellectual Property Law and Practice Pub Date : 2024-03-01 DOI: 10.1093/jiplp/jpae020
Chijioke Okorie, Dorcas Chebet Koros, Jessie Victoria Mgonja, Nora Ho Tu Nam, Rita Anwiri Chindah, Marius Schneider
{"title":"Round-up of intellectual property decisions and other developments in Africa 2023","authors":"Chijioke Okorie, Dorcas Chebet Koros, Jessie Victoria Mgonja, Nora Ho Tu Nam, Rita Anwiri Chindah, Marius Schneider","doi":"10.1093/jiplp/jpae020","DOIUrl":"https://doi.org/10.1093/jiplp/jpae020","url":null,"abstract":"\u0000 This contribution offers an analysis of selected important decisions in the field of IP law issued in the period 1 January to 31 December 2023 by national courts in individual African countries (Kenya, Nigeria, South Africa Tanzania, Uganda and Zimbabwe). Specifically, the industries covered in the decisions analysed in this contribution include digital music and the creative industries, pharmaceuticals and paint manufacturing. The contribution also highlights legislative reforms and other developments in various IP law fields in Africa in 2023.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":" 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140091391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The WIPO IGC Chair’s Draft on IP and Genetic Resources—Reasons for Concern WIPO 政府间委员会主席关于知识产权与遗传资源的草案--值得关注的理由
Journal of Intellectual Property Law and Practice Pub Date : 2024-03-01 DOI: 10.1093/jiplp/jpae015
Pedro Henrique D Batista
{"title":"The WIPO IGC Chair’s Draft on IP and Genetic Resources—Reasons for Concern","authors":"Pedro Henrique D Batista","doi":"10.1093/jiplp/jpae015","DOIUrl":"https://doi.org/10.1093/jiplp/jpae015","url":null,"abstract":"\u0000 The requirement to disclose certain information in a patent application in order to promote compliance with national rules on access and benefit-sharing (ABS) related to genetic resources (GRs) has been a very controversial topic. After decades of disagreements, an international instrument in this area is expected to be agreed during a World Intellectual Property Organization (WIPO) Diplomatic Conference to be held in 2024. The basis for the final steps in the negotiation is the Chair’s Draft prepared by the Secretariat of the WIPO Intergovernmental Committee. The question is, however, whether this Draft has the potential to achieve the desired goals. This article undertakes a critical analysis of the Draft to assess its adequacy for an effective protection of GRs and its suitability for strategic policies on ABS. We also explore alternative regulatory options for specific issues.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"6 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140084411","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Round-up of China trade marks in 2023 2023 年中国商标综述
Journal of Intellectual Property Law and Practice Pub Date : 2024-02-21 DOI: 10.1093/jiplp/jpae004
Michele Ferrante
{"title":"Round-up of China trade marks in 2023","authors":"Michele Ferrante","doi":"10.1093/jiplp/jpae004","DOIUrl":"https://doi.org/10.1093/jiplp/jpae004","url":null,"abstract":"\u0000 2023 was a challenging year globally, but China has continued to be attractive to foreign investors, due to its committment to the removal of restrictions on foreign investment and an emphasis on strengthening intellectual property laws so that they are favourable to right holders rather than infringers. The 2023 round-up focuses on the Draft 5th Amendment to the Trademark Law of China, which was published in January 2023. This article analyses the highlights of the Draft Amendment, which includes strengthened provisions relating to bad faith filings and an increased emphasis on the requirement that registered trademarks are actually used. The Draft, if implemented in full, will ensure that repeated filings of trademark applications will no longer be permitted, as well as providing greater protection for well-known marks and changes to procedural rules. The round-up will conclude that the Draft 5th Amendment will enhance the exisiting Trademark Law and further encourage brands to ionvest their business in China.","PeriodicalId":315837,"journal":{"name":"Journal of Intellectual Property Law and Practice","volume":"9 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140442996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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