Category: Technology

1
Addressing Possible Limits of COPPA Safe Harbors
2
Court finds ‘flagrant’ copyright infringement of ‘Love is in the Air’
3
More than financial – blockchain’s potential in the healthcare and life sciences industries
4
Does AI generated work give rise to a copyright claim?
5
A Win is a Win!
6
Producers of generic medicines and biosimilars even more supported by EU
7
Fashion Law Update
8
Fashion & Food Industry Update: More Companies Adopting Blockchain Solutions
9
Can the mere registration of company name infringe? In the case of BMW, yes!
10
IP Exemptions to Competition Laws to be Removed: Restrictions in Licences to be Subject to Competition and Consumer Act 2010

Addressing Possible Limits of COPPA Safe Harbors

On May 18, 2020, FTC Commissioner Rohit Chopra issued a statement regarding concerns of the Children’s Online Privacy Protection Act (COPPA) Safe Harbor programs. Sparked by the ouster of the mobile gaming player, Miniclip S.A., from the Children’s Advertising Review Unit’s (CARU) Safe Harbor program, the FTC announced action against Miniclip to order the cessation of its alleged misrepresentations regarding Miniclip’s participation in the self-regulatory program. A proposed settlement Consent Order was agreed and will published in the Federal Register for public comment shortly.

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Court finds ‘flagrant’ copyright infringement of ‘Love is in the Air’

In its recent judgment (Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535), the Federal Court of Australia has found that an American electronic musical duo copied the celebrated Australian disco song ‘Love Is In The Air’. The decision confirms that the sound of lyrics as sung forms part of a musical work. Furthermore, a short sung lyric with attending music can be the ‘essential air’ of a song.

While determining only “modest” levels of copyright infringement occurred and dismissing most claims for damages, Justice Perram described the copying as “flagrant” and indicated there will be a further hearing to assess damages.

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More than financial – blockchain’s potential in the healthcare and life sciences industries

Blockchain technology is considered by many to be one of the most important technologies developed in recent years. It is often misunderstood and its potential has yet to be fully realised and harnessed. Blockchain has been the subject of a large amount of negative press due to volatile price fluctuations of its biggest user, the cryptocurrency, and this has generated a public mistrust.

However, blockchain could hold the answer to two of technology’s greatest challenges: data reliability and security. These two things are particularly important in the healthcare and life sciences sector where veracity of data is a life or death question and the safety of our most intimate data is paramount.

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Does AI generated work give rise to a copyright claim?

The right to intellectual property protection in “Artificial Intelligence” generated work gives rise to numerous legal, economic and moral issues. “Artificial Intelligence” (AI) is a comprehensive term used to describe the ability of computer systems to perform tasks normally requiring human intelligence, ranging from translation processes and visual perception to brain simulation.

In this post, we give a brief introduction to the legal issues surrounding claims to copyright in AI generated work in the context of UK law and specifically, who can claim ownership of the work produced.

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A Win is a Win!

B.E. Technology LLC v. Facebook, Inc., Appeal No. 18-2356 (Fed. Cir. Oct. 9, 2019) identifies what it means to win in a case.  More particularly, the Federal Circuit explained how to determine whether a party is “the prevailing party.”  B.E. Technology (“B.E.”) brought a patent infringement suit in district court against Facebook and the case was stayed pending inter partes review.  The Patent Trial and Appeal Board ultimately held the claims of the patent in question to be unpatentable, which was confirmed on appeal.

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Producers of generic medicines and biosimilars even more supported by EU

Effective 1 July 2019, the EU adopted a regulation by introducing a supplementary protection certificate (SPC) manufacturing and stockpiling waiver. This waiver also applies for biosimilar versions of SPC-protected medicine during the term of the SPC.

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Fashion Law Update

“Improvise. Become more creative. Not because you have to, but because you want to. Evolution is the secret for the next step.” Karl Lagerfeld

Our Fashion team has prepared the latest edition of Fashion Law where we provide you with the latest updates on legal issues affecting the fashion industry.

This edition covers:
• An update on Modern Slavery legislation
• Copyright infringement
• The benefits of design protection in an IP strategy
• A look at illegal phoenix activity.

Click here to read Fashion Law online.

By Jonathan Feder, Savannah Hardingham, Anna Smith, Simon Casinader, Olivia Coburn, Bianca D’Angelo and Paris Taylor

Fashion & Food Industry Update: More Companies Adopting Blockchain Solutions

While still an emerging technology, more companies are implementing blockchain technology to manage supply chains, track goods, prevent counterfeiting, increase security, and ensure traceability. In a recent survey of global leaders, by auditing and financial services company KPMG, 48% of respondents stated they believe it is highly likely that blockchain will change the way their companies do business over the next three years, and 41% stated their company intends to implement blockchain technology during the next three years.

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Can the mere registration of company name infringe? In the case of BMW, yes!

On 12 February 2019, car manufacturer (and globally recognised car brand) BMW was granted summary judgment in its claims for passing-off and trade mark infringement against BMW Telecommunications Ltd and Benjamin Michael Whitehouse (the sole director of BMW Telecommunications Ltd). The respondents were a consultancy business providing services for railway signaling and telecommunications.

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IP Exemptions to Competition Laws to be Removed: Restrictions in Licences to be Subject to Competition and Consumer Act 2010

The Australian Federal Parliament has been debating the Treasury Laws Amendment (2018 Measures No. 5) Bill 2018 (Bill), which seeks to repeal section 51(3) of the Competition and Consumer Act 2010 (CCA).
The Bill is expected to pass during this session of Parliament (by 6 December 2018). Section 51(3) of the CCA presently provides an exemption from most of the competition law prohibitions for certain types of transactions involving intellectual property (IP). The current exemption covers conditions in licences or assignments of IP rights in patents, registered designs, copyright, trade marks and circuit layouts.

Once passed, commercial transactions involving IP rights will be subject to the same competition laws as all other transactions involving other types of property and assets. The repeal will apply retrospectively but IP owners will have six months to review existing licences and agreements. It is important for brand owners to consider their key licensing arrangements and the possible competitive implications of those arrangements.

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