China Leads the Patent Filings Race for Semiconductors
While strategically responding to the massive export restrictions imposed by the USA, China records a whopping 42% increase in the number of patent filings for semiconductors. In comparison, the USA marked a 9% hike in the number of filings. Although the number of patent filings has increased, China witnessed the closure of 10,900 chip-related companies in 2023 due to the loss of market and excessive global trade restrictions. The number of companies in this sector has been reducing since 2019, however, the biggest spike was recorded in 2023.
Hong Kong Set to Regulate AI-Generated Works
A consultation paper proposing an amendment to the Copyright Ordinance has been released by Hong Kong’s Commerce and Economic Development Bureau’s Intellectual Property Department for public views and comments. Through this amendment, Hong Kong aims to position itself as a hub for technology exchange between Eastern and Western nations. The proposed changes address ambiguities surrounding the rights and liabilities of AI-generated works. The paper examines various text and data mining exceptions implemented in other jurisdictions and recommends including such an exception for copyright infringement while noting that additional conditions will be imposed to mitigate potential drawbacks.
TuneCore and Believe Sued over Copyright Infringement Claim
Universal Music Group (UMG), ABKCO Music & Records, and Concord Music Group filed a lawsuit against the digital music company, Believe Music, and its subsidiary, TuneCore, in the U.S. District Court for the Southern District of New York, alleging copyright infringement. TuneCore is responsible for providing sped-up versions of copyrighted music for use on social media platforms to facilitate user-generated content creation. It was alleged that the company distributed these altered versions under slightly modified artist names, such as “Kendrik Laamar,” to evade automated copyright detection systems. The music conglomerates seek $500 million in damages, claiming that TuneCore intentionally engaged in large-scale, industry-wide copyright infringement.
UK Prime Minister Sides with Journalists: AI Copyright Infringement Row
UK Prime Minister, Keir Starmer, while emphasizing the importance of journalism within a democracy, asserted that press freedom must be protected from emerging digital technology, especially artificial intelligence. He stressed the need to strike a balance between technological advancements and press freedoms to achieve economic growth. To address this, he announced that the government would soon enact the Digital Markets and Consumers Act to rebalance the relationship between these competing interests. Notably, Starmer stated that the government acknowledges a publisher’s right to control and monetize their work, especially when used in connection with artificial intelligence.
Internet Archives Held to Infringe Copyrights: The Second Circuit US Court of Appeals
The Second Circuit US Court of Appeals held that Internet Archive’s lending activities violated copyright laws. The famed Internet library was known to provide free access to copyrighted books and articles through a borrowing system that mimicked a traditional library. Among others, major publication houses such as Hachette Book Group, HarperCollins, John Wiley & Sons, and Penguin Random contended that this was a straight-forward example of piracy. In its defense, Internet Archive’s creators claimed that the service was launched during the pandemic to provide access to books, which would otherwise be impossible to access due to the lockdown restrictions. The Court, while rejecting the defense of fair use, held that the activity amounted to digital piracy and directed the creators to take down over 500,000 books from their repository. Internet Archive has expressed its intent to appeal the decision.
Olympian Yusuf Dikec attempts to Register his Signature Stance
Olympic pistol shooter Yusuf Dikec went viral during this year’s Olympics for his nonchalant stance while taking a shot during the competition. Dikec’s coach revealed that the Olympian is attempting to trademark the pose as other unrelated parties made attempts to use the pose as their trademark without due authorisation. It was reported that viral stance was already used to sell merchandise such as cups, shirts, and bags without Dikec’s consent, needless to say, the athlete did not receive any portion of the profits made.
The Jan Vishwas Act, 2023 Makes Significant Changes to Indian IP Laws
The Jan Vishwas (Amendment of Provisions) Act, 2023 exemplifies India's evolving approach towards Intellectual Property (IP) Laws. The Act aims to encourage businesses to leverage various IP law mechanisms for optimizing economic growth. It achieves this by replacing imprisonment with financial penalties for numerous offenses under the Copyright Act, 1957, Trade Marks Act, 1999, and Patents Act, 1970. Additionally, the Act significantly increases financial penalties to highlight the severity of certain offenses, such as making unauthorized patent claims. While the amendments alter the nature of punishment, the shift from incarceration to monetary fines does not affect the deterrence factor of the law due to the hefty financial penalties imposed.
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