The Intersection Of AI, Trademark, And Copyright Law

No portion of this article was produced using AI. That statement carries with it a variety of interesting questions, and likely prompts many intriguing answers. Artificial Intelligence is having a very real impact on our lives, good and bad, and is pushing the boundaries of intellectual property; in particular copyrights and trademarks. Currently, there is a dichotomy between protectable elements of copyright versus trademark via AI-generated content. At a high level, copyrights are more […]

By | December 1st, 2024 ||

UPC: Patentees No Longer Locked Out By Pre-Transitional Period National Litigations

In a November 12, 2024, decision, the CoA of the UPC holds that, under certain circumstances, a European patent can be asserted before the UPC even if it has been opted out and is or had been the subject of legal proceedings before a national court. This is considered one of the most important decisions of the UPC so far and may have profound practical implications for both patentees and third parties.

In order to […]

By | November 28th, 2024 ||

Germany: UPCA Not Applicable In National Infringement Proceedings

Bringing the UPCA into force does not (yet) render obsolete national patent infringement proceedings based on European patents without unitary effect. In its judgment dated February 14, 2024 (docket no. 6 U 232/22), the Higher Regional Court of Karlsruhe – apart from making some interesting comments on the question of the extent to which an opposition decision is equivalent to the description of the patent – clarifies that such legal disputes will continue to be fought on secure […]

By | May 29th, 2024 ||