In May 2023 we reported on the IP infringement decision of the Californian District Court, in relation to the dispute between the creators of the Bored Aped Yacht Club (BAYC) non-fungible token (NFT) collection, Yuga Labs, and the ‘artists’ Ryder Ripps and Jeremy Cahen.  In that decision, the Court found against the defendants and, on…

On 17 October 2023, Mr Justice Mellor of the UK High Court handed down the long-awaited judgment (some 14 months after trial) in the patent infringement action commenced by Astellas against Teva and Sandoz, in relation to their proposed generic mirabegron tablets, which is used to treat overactive bladder.
The action between the parties concerned…

In its first four months of operation, the Unified Patent Court (UPC) has accepted over 250 actions and made over 45 orders. These cases span a variety of sectors, including life sciences, consumer goods, and mechanical engineering, and involve parties from the US, India, UK, Switzerland, and UPC participating EU states.
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In this instalment of our series The IP in AI, we consider whether patents can be awarded for inventions made by AI systems, and the challenges faced by patent law in protecting innovation in an AI-enabled world.
Read the full article here

For more on the developing area of intellectual property protection and risks for…

In this cross-over episode with Talking Shop: A Consumer Sector Podcast Series, Emma Iles and Eliza Foley join Aoife Xuereb to discuss trade marks, certification marks and greenwashing risks in Australia. The use of trade marks and certification marks, like the Heart Foundation ‘tick’, by consumer companies to distinguish their product from competitors is…

The UK Science, Innovation and Technology Select Committee (which recently conducted an inquiry into the impact of AI on several sectors) has published The Governance of Artificial Intelligence: Interim Report  (pdf  here).  The report identifies 12 challenges of AI, including that for intellectual property, and recommends legislation during this parliament (ie before the general…

Dr Thaler’s latest attempt to obtain IP protection for “creations” of his AI system has failed, with a US Court rejecting copyright protection for an AI-generated artwork.
Background: Dr Thaler, DABUS and the Creativity Machine
Dr Thaler has become well-known as the owner of the DABUS AI which he has been seeking to have identified as…