Tag Archives: AI

How Deep is Your Fake? A 3-Minute-Guide on Labelling Obligations under the EU AI Act

The EU Artificial Intelligence (AI) Act requires companies to disclose in certain cases whether content has been created or modified by AI. This also applies to companies that make use of AI such as image-generation programs for product advertising. Given that the new rules are enforceable from 2 August 2026, with fines up to EUR … Continue Reading

Will businesses be taxed for using AI? Robot, token and floating point operations (FLOP) taxes explained

As AI systems continue to be adopted at scale, they are increasingly performing tasks carried out by human employees. From drafting documents, to writing code, to handling customer queries and concerns have grown about the economic risks this shift may pose, including job displacement and the erosion of the income taxes generated by human labour. … Continue Reading

Bullseye: Luke Littler is successful in securing a facial trade mark registration

In March 2026 the darts phenomenon and reigning World Champion, Luke Littler, applied to the UK Intellectual Property Office (IPO) to register his face as a trade mark in the UK across a variety of different categories [From the Oche to the IPO: can a face function as a trade mark? | Global IP & … Continue Reading

UK prime minister announces “world-leading” social media ban for under-16s

As trailed in the media over this weekend, the UK prime minister Sir Kier Starmer has today announced that the UK government intends to introduce a full ban on under-16s from accessing social media platforms Social media to be banned for under-16s in landmark government move to give kids their childhood back – GOV.UK. Scope of … Continue Reading

UK regulator introduces “world first” controls on the use of content in Google generative AI features

In October 2025, UK regulator, the Competition and Markets Authority (CMA), published its final decision to designate Google as having strategic market status (SMS) in the UK in general search and search advertising services. This designation covered Google’s substantial and entrenched market power in general search and search advertising, and whilst Google’s Gemini AI tool … Continue Reading

Playing a Straight Bat: How to Survive a Section 101 Sticky Wicket at the USPTO

What do cricket legends like Imran Khan, Sir Don Bradman, Sachin Tendulkar, Sir Garfield Sobers, Sir Viv Richards, Shane Warne, Brian Lara, Jacques Kallis, Muttiah Muralitharan, and Wasim Akram have to do with surviving a 35 U.S.C. § 101 (“Section 101”) rejection? At first glance, absolutely nothing. But spend enough time at the crease of … Continue Reading

From the Oche to the IPO: can a face function as a trade mark?

The authors wish to thank Jonathan Mason for his contributions to this post. In early March, the darts phenomenon and reigning World Champion, Luke Littler, applied to the UK Intellectual Property Office (“IPO”) to register his face as a trade mark in the UK across a variety of different categories from the obvious (class 9 … Continue Reading

UK Government Consultation on Copyright and Artificial Intelligence: The Sound of a Can being Kicked Down the Road?

As trailed in its progress statement published in December 2025 and discussed in our previous blog, the UK government published on 18 March 2026 its much awaited full report considering the use of copyright works in the development of AI systems. The report follows the government’s high-profile consultation on Copyright and Artificial Intelligence which ran … Continue Reading

At A Crossroads Issue 3: Connected Vehicles – Emerging Models and Their Key Legal Aspects

In the mid‑90s, Elastica captured a restless cultural moment with Connection—a song pulsing with the irresistible pull toward something new. Thirty years later, automotive and transportation companies are chasing the same energy through the rise of connected vehicles and new AI enabled features. Connected vehicles are becoming software-defined, sensor‑rich, and permanently online. This evolution expands … Continue Reading

Sweeping Claims, Sliding Stones: Mastering AI Patent Prosecution with a Curling Twist

As the 2026 Winter Olympics captivate audiences, one sport in particular―curling―stands out as the perfect metaphor for the challenge of prosecuting AI inventions before the US Patent and Trademark Office (USPTO). Both arenas demand foresight, adaptability, and strategic thinking, whether it’s guiding a stone across the ice or shepherding an AI patent application through evolving … Continue Reading

Protecting Your Trade Secrets in 2026 to Outlast Your Diet, Your Gym Membership, and Even Your Willpower!

January: the season of fresh starts—when we swear we’ll finally hit the gym, drink more water, and unearth last year’s journal from beneath a mountain of good intentions. Maybe, just maybe, we’ll put down our phones long enough to soak up some actual daylight. In the business world, January offers the perfect opportunity for a … Continue Reading

AI Heists Santa’s Secrets: Elfred’s High-Tech Plot to Hijack Christmas

It’s the most wonderful time of the year—unless you’re Santa and your trade secrets just got swiped by a disgruntled elf with no holiday cheer, wielding powerful magical artificial intelligence (AI) tools like “ElfGPT.” As snow falls over the North Pole and elves frantically race to meet their Christmas Eve deadline, a new kind of … Continue Reading

New Inventorship Guidance on AI-Assisted Inventions: AI Can’t Be an Inventor, But AI Can Be a Tool in the Inventive Process (For Now…)

As readers may recall, in February 2024, the USPTO issued guidance on inventorship in AI-assisted inventions, which we wrote about here. On November 26, 2025, the USPTO rescinded that guidance and replaced it with new guidance. By way of background, the February 2024 Guidance analyzed the naming of inventors for AI-assisted inventions using the Pannu … Continue Reading

Implementation of New UK Subscription Contract Regime Delayed

The authors wish to thank Sirrul Choudhury for his contributions to this post. On 20 November 2025 the UK government confirmed that the secondary legislation which is required to clarify and bring into force the new consumer subscription contract regime under the Digital Markets, Competition and Consumers Act 2024 (DMCCA) [A New Era for Consumer … Continue Reading

Getty Images (US) Inc (and others) v Stability AI Limited. Input: Getty Images v Stability AI. Output: Continued Uncertainty.

On 4 November 2025 the UK High Court handed down its judgment in the case of Getty Images (US) Inc (and others) v Stability AI Limited [2025] EWHC 2863 (Ch) [High Court Judgment Template]. The case concerned the training, development and deployment of Stability AI’s “Stable Diffusion” generative AI model and, as one of the … Continue Reading

Patent Office Memo to Examiners Gives Insight For Patenting Software Inventions

On August 4, the Deputy Commissioner of Patents issued a memorandum to Examiners on evaluation of claims in software-implemented inventions for subject matter eligibility under Section 101. While the memorandum does not fundamentally change the USPTO’s guidance published in the MPEP, the memorandum does provide useful clues as to how the USPTO and the Examining … Continue Reading

Trade Secrets: Now Even Your Dog Knows Them (Thanks, Remote Work & AI!)

Mike Tyson once said “[e]veryone has a plan until they get punched in the face.” This quote describes the confidence that organizations may have in their existing trade secret plans, until they encounter some of the evolving complexities of trade secret protection in this era of the combination of remote work and artificial intelligence (AI). … Continue Reading

AI Circuit Breakers in Legal Contracts: A Safeguard for Business

As artificial intelligence becomes increasingly integrated into business operations, IT contracts covering the provision of AI systems are evolving to include critical safeguards.  One emerging concept is the AI circuit breaker, a contractual mechanism that provides for an intervention, or override, where an AI system exhibits undesirable or harmful behavior.  When contracting for AI, businesses … Continue Reading

Artificial Intelligence and Our Continuing Journeys in Alice’s Wonderland: Practice Points from Recentive Analytics, Inc. v. Fox Corp.

If you’re a patent practitioner who works with innovation related to artificial intelligence, you’ll want to consider the Federal Circuit’s recent decision in Recentive Analytics, Inc. v. Fox. Corp. This decision is the first to explicitly consider patent eligibility in the context of the use of artificial intelligence. The Federal Circuit affirmed the district court’s … Continue Reading

Clock is Ticking for Responses to UK Government Consultation on Copyright and Artificial Intelligence

The authors wish to thank Sumaiyah Razzaq for her contributions to this post. Ever since the emergence of generative AI, a major concern for all participants has been the extent to which copyright works can and should be used in training AI models. The application of UK copyright law for this purpose is disputed, leading … Continue Reading

Court: Training AI Model Based on Copyrighted Data Is Not Fair Use as a Matter of Law

In what may turn out to be an influential decision, Judge Stephanos Bibas ruled as a matter of law in Thomson Reuters v. Ross Intelligence that creating short summaries of law to train Ross Intelligence’s artificial intelligence legal research application not only infringes Thomson Reuters’ copyrights as a matter of law but that the copying … Continue Reading

Breaking News from Germany! Hamburg District Court breaks new ground with judgment on the use of copyrighted material as AI training data

In an eagerly anticipated judgment dated 27 September 2024 (case number 310 O 227/23) the Hamburg District Court dismissed the complaint by photographer Robert Kneschke asserting claims for copyright infringement against non-profit Large-scale Artificial Intelligence Open Network (LAION) based on the use of his photograph in a data set for training AI image generators. Mr. … Continue Reading

Artificial Intelligence and Intellectual Property Legal Frameworks in the Asia-Pacific Region

Globally, governments are grappling with the emergence of artificial intelligence (“AI”). AI technologies introduce exciting new opportunities but also bring challenges for regulators and companies across all industries. In the Asia-Pacific (“APAC”) region, there is no exception. APAC governments are adapting to AI and finding ways to encourage and regulate AI development through existing intellectual … Continue Reading
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