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The UK Minister for Science, Research and Innovation has stated in Parliament that the UK Government will not be proceeding with an extension to the UK's text and data mining exception that would have allowed, to allow much broader access to materials needed for machine learning and to train AI systems, which had been proposed in 2022 following the UK Government's consultation on changes to IP legislation that might be necessitated by the advent of AI. This means that the only exception for TDM will remain its use for non-commercial purposes, which in turn may mean that AI developers are more cautious about doing R&D work in the UK than they might have been if the broader exception had been pursued. Read more
Dr Craig Wright claims to be the inventor of Bitcoin and to have authored the Bitcoin White Paper in 2008, created the Bitcoin File Format and mined the inaugural block in the Bitcoin Blockchain – the ‘Genesis Block’. Despite the Bitcoin White Paper having promoted de-centralisation, Dr Wright is now seeking to prevent others from … Read more
Uses of machine learning and AI are expanding rapidly, and IP rights play a critical role in both regulating the use of AI and protecting the rights of inventors and creators. In this series, we will explore the key challenges governments worldwide are currently grappling with in order to provide the right level of protection … Read more
In conjunction with our Real Estate division, the Herbert Smith Freehills London IP group has published a guide to the intellectual property issues that can arise in relation to real estate.
It can be the case that sites or buildings are purchased without necessarily considering fully whether the underlying intellectual property assets are being transferred and what future access or control the new owner may need, or the vendor wish to retain. Read more
Collaborations for innovation are often established relatively quickly in pursuit of a commercial advantage. In this video recorded for Practical Law, Jonathan Turnbull and Rachel Montagnon share advice on managing such arrangements to maximise the likelihood of a successful outcome for all parties and in particular establishing the ownership, management and use of the IP involved. Read more
On 9 December 2022 the Attorney General released the Copyright Enforcement Review Issues Paper, and with it launched the twelve week consultation period into the appropriateness of Australia’s existing copyright enforcement mechanisms. Read more
How should digital assets be treated in terms of property? This is what the Law Commission of England and Wales has been considering in its consultation paper paper on the recognition and protection of digital assets which is open for responses until 4 November 2022. The consultation paper recommends law reform to recognise a third … Read more
The creation ("minting") and sale and use of NFTsraises many IP issues which we have discussed in our previous posts in our IP in NFTs series. However, brand owners and product manufacturers must also be vigilant in monitoring the virtual marketplaces to ensure that third parties are not creating NFTs that infringe their own IP rights. This is especially true where the company is considering releasing or has released NFTs, because the public will begin to associate the brand with NFTs (which could include infringing NFTs). There are several strategies that companies could adopt to minimise this risk. Read more
Creating an NFT can give rise to other IP issues, aside from questions of transfer of rights. In particular there is the issue of who in fact has the right to create and release NFTs and whether the NFT infringes third party rights.
In this third of our series of NFT IP blog posts, we deal with "minting", ie the creation and sale of NFTs. Read more
