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On Aug. 18, 2023, U.S. District Court Judge Beryl A. Howell of the U.S. District Court of the District of Columbia affirmed the U.S. Copyright Office’s (Copyright Office or the Office) denial of a copyright application for a visual piece of art generated entirely by an artificial intelligence-driven computer called the “Creativity Machine.” Thaler v. Perlnutter, No. 22-cv-1564, 2023 WL 5333236 (D.D.C. Aug. 18, 2023). Recognizing that U.S. “copyright law protects only works of human creation,” the court determined that the Copyright Office “acted properly in denying copyright registration for a work created absent any human involvement.”
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By Reid Knabe and Bita Rahebi
This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.
Emerging Legal Terrain: IP Risks from AI’s Role In Drug Discovery
By Fredrick Tsang, Antonia Sequeira and Carl Morales
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
LLM Customization With A Path to Human Inventorship and Patent Rights
By Jim Soong
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Adidas Stripe Design Battle Reveals Intricacies of Trademarks In the Fashion World
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder
Although the bitter legal battle between Adidas and Thom Browne is far from over on either side of the pond, the case illustrates the challenges of ensuring trademark protection for simple and widely employed design elements.
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