Benjamin Fitzmaurice Benjamin Fitzmaurice

UK Court of Appeal - AI machines cannot be ‘inventors’

The Court's decision hinged on interpreting 'inventor' in the Patents Act 1977, strictly for natural persons. This traditional understanding excludes non-human entities like AI. The Court clarified at paragraph 56, that an inventor "must be a natural person," excluding AI like DABUS.

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Benjamin Fitzmaurice Benjamin Fitzmaurice

Switzerland and UK sign financial services agreement

The UK and Switzerland signed a Financial Services Agreement on 21 December 2023. The Agreement provides a basis for measures to open up markets in the areas of banking, securities services, asset management, insurance and stock exchanges. It also lays the foundation for closer cooperation on key financial services sector issues, including sustainable finance and collaboration within multilateral international forums.

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Benjamin Fitzmaurice Benjamin Fitzmaurice

An AI no-no: Misappropriation of public image for commercial use

Any use of an image or video for a commercial use needs to be vetted carefully for any possibility of creating a relationship or endorsement without authority. A good example of this is in the sports industry where one image can carry multiple property rights such as rights of the athlete, team rights, venue rights and third-party mark rights.

Any publication of AI-generated material for a commercial purpose will come at risk if the content is not scrutinised and verified in terms of origin and assessable permission of use.

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Benjamin Fitzmaurice Benjamin Fitzmaurice

Five benefits of mediation

Mediation just makes sense. It allows for the parties to be involved in their own settled outcome rather than leaving it to a third-party adjudicator. A third-party adjudicator can, even with the best intentions in the world, come to a decision that is not acceptable or even understandable, leaving parties necessarily considering appeal options and the further aggregation of legal expenses.

Regardless of whether the dispute lies in a common law or code jurisdiction, mediation offers a universal solution to resolving dispute. There are several compelling advantages to attending mediation for companies in dispute, making it an effective alternative to traditional litigation.

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Benjamin Fitzmaurice Benjamin Fitzmaurice

US Copyright: ‘works of authorship’ require human creation

Following the District Court decision (August 2023) in Thaler v Perlmutter , the US Copyright Review Board has maintained its refusal (upon a second request for reconsideration) to recognise copyright in the AI-generated work title Théatre D’Opéra Spatial.

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Benjamin Fitzmaurice Benjamin Fitzmaurice

Copyright: AI, intelligence or theft?

Provocatively, one could question, at this point, the use of word ‘intelligence’ in the acronym ‘AI’. It is, on the face of it, a very sophisticated program designed to scrape data and repackage it for publication. That scraping presents a problem with respect to copyright law and how we view the legitimacy of original and derivative works.

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Benjamin Fitzmaurice Benjamin Fitzmaurice

China: Practical benefits on License Agreement Recordal

If you are a foreign brand (or intellectual property owner) wanting to establish a license with a Chinese domiciled partner, it makes a lot of sense to file an application to record the license agreement rights.

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Benjamin Fitzmaurice Benjamin Fitzmaurice

Parka London

I am really pleased to have recently assisted SINCH Holdings Limited to acquire the trademark portfolio of the Parka London brand and stock from Culturestore Limited - https://parkalondon.com/

Parka London has a long history in quality outerwear jackets and the acquisition will reimagine this iconic brand. #outerwear #icondesign

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Intellectual Property, NIL Deals Benjamin Fitzmaurice Intellectual Property, NIL Deals Benjamin Fitzmaurice

Short version: US College Sports: NIL deals for foreign student athletes

The National Collegiate Athletic Association (NCAA) in the United States (US) is no longer a purely amateur pursuit for student athletes. In a dramatic change, the NCAA announced that athletes can earn from the promotion of ‘name, image, likeness’ (NIL) deals. The abruptness of the change from amateur status athletics to being able to earn from NIL deals was stark. It was chaotic. An industry sprang up overnight. Whilst athletes can earn, there is also the ability to pay agents, managers, NIL deal companies, advisers and the hangers on. There is a lot to manage for the unwary.

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Intellectual Property, NIL Deals Benjamin Fitzmaurice Intellectual Property, NIL Deals Benjamin Fitzmaurice

Full Paper: US College Sports: NIL deals for foreign student athletes

The National Collegiate Athletic Association (NCAA) in the United States (US) is no longer a purely amateur pursuit for student athletes. In a dramatic change, the NCAA announced that athletes can earn from the promotion of ‘name, image, likeness’ (NIL) deals. The abruptness of the change from amateur status athletics to being able to earn from NIL deals was stark. It was chaotic. An industry sprang up overnight. Whilst athletes can earn, there is also the ability to pay agents, managers, NIL deal companies, advisers and the hangers on. There is a lot to manage for the unwary.

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Common Law, Tort Law Benjamin Fitzmaurice Common Law, Tort Law Benjamin Fitzmaurice

Tuberville v Savage [1669] EWHC KB J25

What is interesting about English common law is the historical and, in this case, ancient application of principles that can still be relevant today. Through the mist of time as we cast our mind back to studies at University some cases stick out. This was the case when it came to an assault under tort law. Think of a tort as a ‘wrong’. There are various torts. Some relate to economic wrongs, others relate to wrongs done about a person like defamation. Some torts relate to the person like battery (bodily hard), personal injury and assault.

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