The decision is an example of the English Courts’ willingness to develop and apply existing case law to contemporaneous disputes, in this case in relation to crypto assets and persons unknown who might be out of the jurisdiction (a common feature of such cases) to ensure victims have a timely means of tracing and recovering stolen assets.
Check out this whitepaper developed by Foley & Lardner LLP to learn more about the top twelve trends in the digital assets space.
On Aug. 5, 2022, the US Court of Appeals for the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and US District Court for the Eastern District of Virginia rulings. The Federal Circuit concluded that the Patent Act requires an “inventor,” as defined in Section 100(f), to be a “natural person."
The EU AI Act is hotly anticipated as being a benchmark AI law that other jurisdictions might look towards when developing their own laws (much like GDPR has become a standard upon which some other countries’ own laws are based). First, much like the GDPR in terms of impact, the EU AI Act will have an extra-territorial scope, extending to providers and users of AI outside the EU where the output is used in the EU. Secondly, the Act does lay down fixed penalties for certain infringements of the Act, the highest fine being 30,000,000 EUR or 6% of a company’s total worldwide annual turnover (3% in the case of an SME or start-up) for non-compliance with the prohibitions of AI practices.
In this multi-country guide, learn the rules for the protection of trade secrets in a wide range of jurisdictions.
This is a sample trademark registration and assignment agreement, between a company that manufactures a product and an exclusive distributor, and under which the distributor agrees to prosecute and serve as registrant of the trademarks for the product's brand names, and under which the distributor agrees to assign the trademarks to the producing company following termination of the distribution agreement. The sample includes a choice of New York law.
A sample policy for directing employees, customers and partners in proper trademark usage.
This is a form trademark license agreement prepared from the perspective of a licensor looking to promote its brand and its own products by granting a license to a licensee to use the brand on its various products and promotional items.
In a first-of-its-kind case to focus on trademark infringement and dilution in the virtual world, a nine-person jury in Manhattan, New York has sided with the French fashion house, Hermès International S.A (“Hermes”) in its legal battle against Sonny Estival aka Mason Rothschild (“Rothschild”), the creator of the “MetaBirken” Non-Fungible tokens (“NFTs”).
With organisations increasingly relying on AI technology, UK and EU regulators are turning their attention to effective regulation of AI in an effort to recognise its benefits while instilling confidence in individuals that the increasing use of AI is being deployed appropriately and lawfully. In the EU, the European Commission’s AI Act (“Act”) proposal has undergone further changes following review by EU member states. The Council of the EU approved a compromise version of the Act on 6 December 2022. The European Parliament is expected to vote on the draft by the end of March 2023, with a view to adopting the Act by the end of 2023.