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Intellectual Property

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OpenAI chat sampling plan not statistically reliable, news outlets tell US court June 13, 2025 | Emma Whitford

OpenAI’s offer to confidentially sample millions of ChatGPT conversations to determine if those marked for deletion contain outsized evidence of paywall evasion will not produce statistically reliable insights... (more story)

Trademark secondary meaning, long unrecognized in Brazil, now a relevant factor (update*) June 13, 2025 | Melissa Ritti

Brazil’s Patent and Trademark Office this week unveiled a new path to registration for generic or descriptive trademarks which would ordinarily be vulnerable to rejection. In a notice published in its Official... (more story)

US court says ‘non-aggression’ clause no shield against future copyright claims June 13, 2025 | Melissa Ritti

In the software industry, where IP rights frequently change hands, language matters. That much was evident yesterday when the US Court of Appeals for the Ninth Circuit said Cloanto Corporation lacks standing t... (more story)

Getty-Stability UK copyright trial adjourned; appeal hearing due on Monday June 13, 2025 | Frank Hersey

The UK trial of Getty Images' dispute with Stability AI has been adjourned until next week, creating new uncertainty over the high-profile copyright, trademark and reputation case being heard at the High Court... (more story)

EU copyright-rule changes might be proposed in response to AI’s impact June 13, 2025 | Luca Bertuzzi

The European Commission might propose changes to EU copyright rules in response to AI’s growing impact, according to senior official Renate Nikolay. While the EU executive began an external evaluation of the C... (more story)

Newgen Software wins as Indian court upholds prior trademark agreements June 13, 2025 | Freny Patel

In a major win for Newgen Software, an Indian court ruled that if a company agrees in a contract to respect another's trademark, it can't later claim it innocently started using a similar name after their busi... (more story)

Japan's Zeria denied patent by Indian court on 'evergreening' grounds June 13, 2025 | Freny Patel

Zeria Pharmaceutical has been refused a patent by an Indian court, stopping the Japanese pharmaceutical company from extending its existing patent on an intermediate chemical compound. The Delhi High Court uph... (more story)

USPTO nominee Squires advances through Senate committee June 12, 2025 | Nick Robertson

The Senate Judiciary Committee today advanced John Squires’s nomination to be the next director of the US Patent and Trademark Office in a 20-2 vote, clearing the final hurdle before he can be voted into the p... (more story)

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Publishers warn EU AI rules may hurt licensing market June 13, 2025 | Inbar Preiss

Angela Mills Wade of the European Publishers Council has warned that weak AI rules and vague transparency requirements risk undermining the development of a functioning licensing market between right holders a... (more story)

Trump turnabout on China student visas renews trade secret threat June 11, 2025 | Nick Robertson

While some Republicans applauded the State Department’s promise last month to “aggressively retract” student visas from some Chinese citizens who study in the US, President Trump said today that visas are part... (more story)

Reliance on ‘settled expectations’ leaves ex-USPTO leaders unsettled June 10, 2025 | Melissa Ritti

A recent decision by the acting director of the US Patent and Trademark Office to discretionarily deny institution of inter partes review, or IPR, of five patents in a nod to the patent owner’s “settled expect... (more story)

'Deficiencies' distinguished from inaccuracies in win for SNMP Research June 10, 2025 | Melissa Ritti

A challenge by Extreme Networks to SNMP Research’s copyright registrations won’t be sent to the US Copyright Office. In a decision highlighting the high bar under Section 411(b)(2) of The Copyright Act and bin... (more story)

China highlights fairness in refunding damages after patent invalidation June 09, 2025 | MLex Staff

In a landmark retrial, China's Supreme People’s Court has ruled that fairness — not just procedural timing — should guide whether patent damages must be returned after a patent is invalidated, a decision that ... (more story)

Getty Images, Stability AI duel in UK in test of copyright law's reach into AI June 06, 2025 | Frank Hersey and Inbar Preiss

The Getty Images v. Stability AI case — due to go to trial in London on June 9 — is a major legal test of how copyright law applies to generative AI. Getty alleges that Stability AI scraped its copyrighted ima... (more story)

Foreign trademark litigants demonstrate staying power in US courts June 05, 2025 | Melissa Ritti

Protracted trademark litigation between competing sesame oil makers that spawned multiple appeals and an unsuccessful petition for US Supreme Court review could finally go to trial later this year. A Californi... (more story)

Two years in, UPC’s legal identity is pending with Court of Appeal June 03, 2025 | Inbar Preiss

Two years into the Unified Patent Court’s operations, fundamental legal doctrines — including preliminary injunction standards, jurisdictional reach and infringement by equivalence — remain unsettled, with lit... (more story)