Takeaways from IP Month 2022
AI and IP – Opportunities and controversies | Will James, Tamara Quinn and Johannes Ballestrem
This webinar explored the different sectors in which AI and machine learning technology is already making a difference, and how data assets can be protected with pragmatic IP strategies.
Key Takeaway:
In order for an artificial intelligence (AI) system to be patentable in the UK and at the European Patent Office (EPO), the AI system needs to have a “technical effect”. AI systems can be used as tools by humans to produce inventions that are patentable but AI systems themselves cannot be inventors. Patent applications submitted to the UK Intellectual Property Office (UKIPO) or the EPO will not be accepted if an AI system is named as the inventor.
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Copyright infringements on UGC Platforms | Robert Guthrie, Sophia Christou, Julia Darcel and Alix Taverne
This webinar provided a review of platform liability for copyright infringing user generated content in the EU and UK following Brexit, the Court of Justice’s decision in YouTube/Cyando cases, and the implementation of Article 17 of the Digital Copyright Directive.
Key Takeaway:
Article 17 of the DSM Copyright Directive imposes new obligations on online content sharing service providers whose main or one of their main purposes is to, for profit-making purposes, store and give the public access to a large amount of copyright-protected works or other protected subject matter that is uploaded by its users. Article 17 has not been implemented in the UK and therefore the old e-Commerce Directive still applies to the UK, with the post-Brexit decision of the EU Court of Justice in YouTube/Cyando potentially shedding some light on how this might be interpreted by the UK courts going forward.
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NFTs – what brand owners need to know | Nick Kempton, Leanne Gulliver and Robert Briske
This webinar delved into the hot topic of NFTs and gave practical advice on how IP rights can be used to protect and enforce them.
Key Takeaway:
Non-fungible tokens (NFTs) present exciting opportunities for brands to engage with new audiences and grow on a global scale. However, brand owners will need to consider whether they have appropriate trade mark protection and consider whether expanded protection might overlap with other third parties’ rights. There are also ongoing considerations such as how copyright interacts with NFTs and what enforcement options are available with this new technology.
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Practical steps for maximising your IP & trade secrets strategy | Clare Robinson, Ellie Downey, Douglas Peden and Andrea Schmoll
Clarity on the IP and trade secrets which your business owns is key to protecting and monetising those assets. Equally important is to ensure that the IP’s value does not inadvertently leak away. This webinar looked at practical steps for ensuring you maximise your IP and trade secret protection and how best to combat invisible value leakage.
Key Takeaway:
In order to secure and protect your business’ IP and trade secrets and avoid leakage of value, devising a strategy that is easy to implement is key. An effective IP and trade secrets strategy will generate a culture of awareness of IP and its value in your business, and inform your staff of when and to whom IP issues should be escalated. It should set out a clear approach to recording when IP is created and proactively encourage the registration of rights. And, in order to protect trade secrets, proportionate processes should be implemented to maintain confidentiality.
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Decarbonisation and IP | Tim Harris, Sian Edmonds and Charlie Wedin
Are IP rights helping or hindering the challenge of eliminating carbon from the global economy? In this webinar, we looked at the growth in renewable technology R&D, deployment and enforcement, and potential cyber security risks around green tech and IP.
Key Takeaway:
Patent filings continue to grow with respect to enabling and end-use low-carbon and clean-energy technology. Increases in the number and value of patents in the decarbonisation space will inevitably lead to a higher risk of infringement and a greater need to assert your IP against your competitors. For example, there has been a noted increase in litigation in the wind and solar sectors. These risks place a greater emphasis on IP planning and cultivating an appropriate IP strategy that includes robust cyber security measures to protect your IP.
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Brands, the ASA and the pitfalls of “greenwashing” | Richard May, Daniel Ramos, Anna Williams and Martin Soppe
This webinar provided an insight into how brands can avoid falling foul of trade mark and advertising law.
Key Takeaway:
It is important to remember that trade marks will usually be refused registration if they are descriptive or deceptive. A proposed new trade mark can include “green” language but brands should distinguish between wording that constitutes an advertising slogan or general marketing language, and wording they want to function as a trade mark, i.e. to denote the commercial origin of the goods or services to which the mark is applied. It’s unlikely that “green” language alone will be accepted as a trade mark and therefore applicants should look to combine it with other distinctive elements if they are seeking trade mark protection. It is also important to consider proposed “green” language from a regulatory perspective as advertising and consumer regulators, as well as competitors, have a keen eye out for non-compliant “greenwashing” in 2022.