{"title":"The ‘Scattered’ EU Acquis on B2B Data Sharing","authors":"M. Botta","doi":"10.1093/grurint/ikad080","DOIUrl":"https://doi.org/10.1093/grurint/ikad080","url":null,"abstract":"","PeriodicalId":432164,"journal":{"name":"GRUR International","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133769716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hulka v Ministry of Economic Development, Italian Patent and Trademark Office (IPTO)
Hulka诉经济发展部，意大利专利商标局(IPTO)
{"title":"Challenging the Refusal to Register an Advertising Slogan as a Trade Mark for the Lack of Distinctiveness","authors":"","doi":"10.1093/grurint/ikad068","DOIUrl":"https://doi.org/10.1093/grurint/ikad068","url":null,"abstract":"Hulka v Ministry of Economic Development, Italian Patent and Trademark Office (IPTO)","PeriodicalId":432164,"journal":{"name":"GRUR International","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124590130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Non-Disclosure Obligations after the Contract Termination","authors":"","doi":"10.1093/grurint/ikad077","DOIUrl":"https://doi.org/10.1093/grurint/ikad077","url":null,"abstract":"Junde Tongchuang","PeriodicalId":432164,"journal":{"name":"GRUR International","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130096617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article attempts to clarify the issue of the copyrightability of AI-based output by streamlining the assessment of human creative contribution to the creation process assisted by generative AI systems. It starts with briefly outlining the state of the art of modern generative AI systems contributing to a better understanding of AI. Then the article presents a five-part test to distinguish between sufficient and insufficient human creative participation and contemplates the following authorship scenarios: sole authorship of AI designers or users; their joint authorship; and non-authorship. The article proceeds with applying the test to output produced using Midjourney, a generative AI tool. It concludes that in many cases of using AI to create output human creative participation remains sufficient for copyright protection eligibility. However, there are also developments and circumstances that drive the increase in ‘authorless’ AI-based output. Moreover, depending on the specific circumstances, using even the same AI system may lead to different test results.
{"title":"Human Creative Contribution to AI-Based Output – One Just Can(’t) Get Enough","authors":"K. Militsyna","doi":"10.1093/grurint/ikad075","DOIUrl":"https://doi.org/10.1093/grurint/ikad075","url":null,"abstract":"\u0000 The article attempts to clarify the issue of the copyrightability of AI-based output by streamlining the assessment of human creative contribution to the creation process assisted by generative AI systems. It starts with briefly outlining the state of the art of modern generative AI systems contributing to a better understanding of AI. Then the article presents a five-part test to distinguish between sufficient and insufficient human creative participation and contemplates the following authorship scenarios: sole authorship of AI designers or users; their joint authorship; and non-authorship. The article proceeds with applying the test to output produced using Midjourney, a generative AI tool. It concludes that in many cases of using AI to create output human creative participation remains sufficient for copyright protection eligibility. However, there are also developments and circumstances that drive the increase in ‘authorless’ AI-based output. Moreover, depending on the specific circumstances, using even the same AI system may lead to different test results.","PeriodicalId":432164,"journal":{"name":"GRUR International","volume":"28 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131216994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Technical Restrictions for Third-Party Providers in Aftermarkets Under the Lens of Competition Law","authors":"","doi":"10.1093/grurint/ikad082","DOIUrl":"https://doi.org/10.1093/grurint/ikad082","url":null,"abstract":"RICOH Toner Cartridge II","PeriodicalId":432164,"journal":{"name":"GRUR International","volume":"441 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114583240","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In January 2023, the China National Intellectual Property Administration (CNIPA) released the Draft Amendment to the Trade Mark Law of the PRC (Draft for Public Comment), launching the proposed fifth revision of the Trade Mark Law. This revision comes 40 years after the first version of the Trade Mark Law was implemented. Compared with previous amendments, the Draft makes significant changes, representing a new legislative trend in China’s trade mark law. This comment gives an overview of the background of the fifth amendment and highlights and comments on the fundamental changes in the Draft Amendment.
{"title":"New Trends, New Possibilities: A Comment on the Proposed Fifth Amendment to China’s Trade Mark Law","authors":"Liangqi Xu","doi":"10.1093/grurint/ikad074","DOIUrl":"https://doi.org/10.1093/grurint/ikad074","url":null,"abstract":"\u0000 In January 2023, the China National Intellectual Property Administration (CNIPA) released the Draft Amendment to the Trade Mark Law of the PRC (Draft for Public Comment), launching the proposed fifth revision of the Trade Mark Law. This revision comes 40 years after the first version of the Trade Mark Law was implemented. Compared with previous amendments, the Draft makes significant changes, representing a new legislative trend in China’s trade mark law. This comment gives an overview of the background of the fifth amendment and highlights and comments on the fundamental changes in the Draft Amendment.","PeriodicalId":432164,"journal":{"name":"GRUR International","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124104518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
While ‘takedowns’ are a familiar term in the liability and regulation of online platforms, the opposite act of reuploading legal content after an incorrect takedown, the so-called ‘put back’, does not receive the same amount of attention. This paper aims to provide an overview of different legal bases of put back claims against platforms in German and European law. Even though the procedural approach to platform governance with its internal complaint-handling systems is one way to mitigate incorrect decisions, the recourse to the courts also needs to be viable. The paper concludes on a positive note showing numerous existing legal bases of put backs, especially in contract law. Nevertheless, the safest way would be the implementation of an explicit legal base for put back claims, for which the paper offers a proposal for discussion.
{"title":"Enforcing Put Backs in German and European Law","authors":"T. Sprenger","doi":"10.1093/grurint/ikad076","DOIUrl":"https://doi.org/10.1093/grurint/ikad076","url":null,"abstract":"\u0000 While ‘takedowns’ are a familiar term in the liability and regulation of online platforms, the opposite act of reuploading legal content after an incorrect takedown, the so-called ‘put back’, does not receive the same amount of attention. This paper aims to provide an overview of different legal bases of put back claims against platforms in German and European law. Even though the procedural approach to platform governance with its internal complaint-handling systems is one way to mitigate incorrect decisions, the recourse to the courts also needs to be viable. The paper concludes on a positive note showing numerous existing legal bases of put backs, especially in contract law. Nevertheless, the safest way would be the implementation of an explicit legal base for put back claims, for which the paper offers a proposal for discussion.","PeriodicalId":432164,"journal":{"name":"GRUR International","volume":"254 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133190430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Damages Claims in Information Exchange Agreements","authors":"","doi":"10.1093/grurint/ikad065","DOIUrl":"https://doi.org/10.1093/grurint/ikad065","url":null,"abstract":"Schlecker","PeriodicalId":432164,"journal":{"name":"GRUR International","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132374367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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