Yesterday, the European Copyright Society (ECS) published its Opinion on the CJEU MIO/konektra cases C- 580/23 and C-795/23 (originality and infringement test of works of applied art). The Executive Summary is reproduced below and the full Opinion is available here: ecs-opinion-mio-konektra.pdf Executive summary Background. In Cofemel, the CJEU recognized that (i) the standard test … Read more
Photo by engin akyurt on Unsplash As the discussion on AI regulation is intensifying around the globe, the Australian Government’s Department for Industry, Science and Resources has recently announced Safe and responsible AI in Australia: Proposals paper for introducing mandatory guardrails for AI in high-risk settings. The Proposals Paper is strongly influenced by the EU … Read more
Generated with OpenAI’s DALL-E 3 model based on a prompt corresponding to the wording of Recital 106 AI Act Introduction The interaction between the AI Act (Regulation 2024/1689) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today. One particularly … Read more
Image by M. Richter from Pixabay Copyright is not averse to new technologies. Its history is intrinsically linked to technological development. At each stage, revisions, adjustments, and adaptations to the existing organizational and legal structure are necessary and ideally preceded by wide-ranging and informed debate. The same holds true for Artificial Intelligence (AI) technologies. And … Read more
In Equisafety Ltd v Woof Wear Ltd (Equisaftey) Ian Karat sitting as a Judge in the Intellectual Property Enterprise Court (IPEC) rejected the Claimant’s copyright infringement claim in respect of various equestrian garments because the garments did not qualify as works of artistic craftsmanship under s.4 of the Copyright Design and Patents Act 1988 (CDPA). … Read more
