issues related to the infringement of intellectual propertystricklin-king obituaries

23 asks whether online registrations of IPRs have been working effectively and thereby made registration faster. There is also no substantive examination of patent applications in order to check for quality. What makes intellectual property issues complicated? E 2 can produce remarkable visuals in styles from aged photographs and water colors to pencil drawings and Pointillism. Updated Apr 13, 2023 Copyright Infringement can cost small businesses a fortune even when it's accidental. The good news regarding trademark infringement for business owners is that trademark attorneys have well-established how to notify and enforce trademark rights against an infringer, such as by sending strongly worded cease-and-desist notice or licensing demand letter, or moving directly to filing a trademark infringement claim, regardless of whether an AI platform generated the unauthorized branding, or a human did. Collaboration between the various enforcement agencies and data-sharing is also essential. Often, this has led to large court settlements that punish larger companies. The involvement of civil societies in IPR protection and promotion is also essential in developing countries. These claims are already being litigated. At the same time both creatives and corporate interests have a dramatic opportunity to build portfolios of their works and branded materials, meta-tag them, and train their own generative-AI platforms that can produce authorized, proprietary, (paid-up or royalty-bearing) goods as sources of instant revenue streams. They also play a major role in driving the socio-economic development of nations. Getty, an image licensing service, filed a lawsuit against the creators of Stable Diffusion alleging the improper use of its photos, both violating copyright and trademark rights it has in its watermarked photograph collection. While it may seem like these new AI tools can conjure new material from the ether, thats not quite the case. Frequent issues include the use of copyrighted works and trademarks, administrative claims for patent and copyright infringement, and contractual issues relating to trade secrets and data. The policy must also link legal practice, research, innovation, administrative bodies, commerce and business together. And the result would be a much less dynamic, innovative, and prosperous economy. However, 35.9% of the participants are neutral or undecided on this. Legal issues relating to intellectual property may arise when there is a question of infringement or some other type of dispute between an intellectual property rights holder and another party. This makes a total of 71.7% of the sample population who corroborate that the lack of local expertise in Nigeria in legal drafting and the technicalities of patents is another factor that affects the protection of IPRs in the country. In 2011, Congress created a tribunal within the U.S. Patent and Trademark Office called the Patent Trial and Appeal Board (PTAB), which has created a new avenue for major tech companies to challenge IP protections. A number of attempts are being made to amend these laws, including the Copyright Bill which is currently passing through the legislative process (Oyefeso 2021). & Adetula, A.F. Consumers need to know the effect of their actions on business owners, their health, the economy, jobs, innovation and creativity. Reflecting America's imagination, intellectual property is the lifeblood of our economy. This is where intellectual property is used or appropriated without the owner's permission by another. While developing countries may not be able to afford full-time examiners at the moment, examiners can be employed on a contract or part-time basis, or based on consultancy whenever their expertise is required depending on the application before the Registry. Patent infringement: Someone is making, using, selling, or offering to sell something that contains every element of your patented claims. When the participants were asked if other factors were in place and the current IPR laws can result in some effective protection of IPRs in Nigeria, 6.5% of the participants strongly agree with this position and 33.1% agree, making a total of 39.6% who agree with this position (Fig. In two reports conducted by the EU, Nigeria was listed as the major transit point for counterfeit electronic and electrical goods from China for re-export to other West African countries.Footnote 15 Widespread counterfeiting of goods is prevalent, including alcohol and medicines. Such similarities may suggest the intent to appropriate the average consumers goodwill for the brand by using recognizable visual or auditory elements. April 07, 2023 HBR Staff/Pexels Summary. The Nigerian Law Journal 19(1):120134. At the moment, a Copyright Bill has passed through the second reading of the legislative process and it is hoped that this will be successfully enacted and not abandoned as previous ones were.Footnote 25 Recently, a public hearing took place in respect of a Copyright Bill introduced by a private member of the National AssemblyFootnote 26 and another Copyright Bill spearheaded by the Nigerian Copyright Commission. A total of 95.6% participants agree that the country faces this challenge in its efforts to protect and promote intellectual property rights. Governments all over the world are responsible for establishing an environment conducive to helping foster their national economic development and should be able to provide such support. A well-sensitized populace will lead to the promotion of an IP culture in the country. Ifeoluwa A. Olubiyi. The commission gave Google 60 days to implement software updates to remove the stolen technology or else face a ban from importing a range of its products including its Google Home smart speakers and Pixel phone and selling them here in America. Stable Diffusion, Midjourney and others have created their models based on the LAION-5B dataset, which contains almost six billion tagged images compiled from scraping the web indiscriminately, and is known to include substantial number of copyrighted creations. 8 Date: December 19, 2019. U.S. agencies have undertaken various activities to enhance enforcement of intellectual property rights. Probl Inf Soc 2:5, Blakeney M (2004) Enforcement of intellectual property rights: challenges, remedies and public awareness. Adedapo A (2021) Nigeria: Buhari signs plant variety protection act. Intellectual property Big Tech Has a Patent Violation Problem by Paul R. Michel August 05, 2022 Shana Novak/Getty Images Summary. This makes a total of 40.4% of the participants who agree that Nigeria has sufficient local expertise on trademark registrations and drafting. Intellectual Property attorney Daniel Barsky authored an article for LexisNexis Practical Guidance about the primary and emerging legal issues relating to the acquisition, development and exploitation of artificial intelligence (AI). A reform of the IPR system which is driven by fragmentation rather than a unified administrative system is likely to continue to breed a weak IPR system. Of the participants, 29.7% strongly agree that the main challenge of IPR protection in Nigeria is that of inadequate and out-of-date legislation; 40.7% also agree with this proposition. This buttresses the point that such a culture would lead to apathy with respect to IPRs in the country. In addition, very few IP owners are aware of or can afford the relevant technological protection measures that can be employed to protect their works in the online environment. As a starting point, they should demand terms of service from generative AI platforms that confirm proper licensure of the training data that feed their AI. This type of legislative intervention will further protect the interests of creators and innovators. This makes a total of 86.2% of participants who agree that the challenge of IPR protection in Nigeria is beyond that of inadequacy of laws. Accessed 22 Dec 2021, Holyoak J, Torremans P (1998) Intellectual property law, 2nd edn. What Are Some Common Types of Intellectual Property Disputes? The Office of Intellectual Property Enforcement (IPE) advocates for the effective protection and enforcement of intellectual property rights (IPR) around the world. Therefore, an intellectual property infringement may for instance be one of the following: These judgements have shown Big Tech that infringement doesnt come without legal consequences but this solution might not have teeth for much longer. The majority of the participants are over 21 years of age (87.6%), indicating that most of the participants in the survey are adults who are likely to be capable of understanding the issues discussed in the survey, particularly as it relates to the protection of intellectual property rights(Fig. For years, executives at major tech firms have seen these legal judgments as just a cost of doing business. The Nigerian Copyright Commission trains judicial officers and lawyers who are interested in copyright matters. The EGI Group was seen as essentialeven existentialfor Intel to expand beyond its core business, find new ways to add significant value to the company, and once again be perceived as an engine of growth. The internet and new technologies pose a challenge to IPRs, especially innovations in communication and information technologies that have eroded national borders, distorted the definition of the private sphere and amplified the activities of infringers.Footnote 10 The internet provides an opportunity for instant connectivity with users all over the world, as well as the sharing of information and data. Previously, the effort at amending the Copyright Act failed because the 8th session of the National Assembly could not complete the process before it concluded its term. Thus, developing countries must also consult with various stakeholders and develop a proper national IP policy. https://techcrunch.com/2020/10/15/stripe-acquires-nigerias-paystack-for-200m-to-expand-into-the-african-continent/. On . This would enable content creators to produce content in the same style as their own work with an audit trail to their own data lake, or to license the use of such tools to interested parties with cleared title in both the AIs training data and its outputs. Despite its importance, many developing countries still lack a robust IPR system which is necessary to maximize the potential of IPRs in advancing a societys economy and development.Footnote 5 Although IPRs are essentially private rights, they can only effectively bring returns on investment (ROI) when protected by the state and society, since they are intangible property rights.Footnote 6 Many times, the focus has been on the challenges of the inadequacy and outdatedness of laws as being responsible for this sad state. According to Jain, while developed countries consider IPRs as a means of maintaining a competitive edge and providing monetary returns to investors, developing countries consider IPRs as a public good.Footnote 20 This mindset may be responsible for a lackadaisical approach towards the protection of IPRs in developing countries. The best effort currently in place is the compilation of individual rulings into a compendium which has to be purchased by interested members of the public. The necessary infrastructure and funding to sustain quality research are also lacking. IIC 53, 530 (2022). https://allafrica.com/stories/202105260175.html. Operations Management questions and answers. Intellectual property rights are a veritable tool for the economic and technological development of countries. The other IP officers are encouraged to toe the same path with respect to enlightening relevant stakeholders on the IP rights they administer. Protecting Your IP from Infringement 2.1. 6). The data available in Figs. European Commission report (2021), p. 10. On the other hand, 26.1% disagree with this proposition and 6.3% strongly disagree, which makes a total of 32.4% of participants who disagree and consider that a decentralized IP administrative system is not helpful for the protection of IPRs in Nigeria. For example, does copyright, patent, trademark infringement apply to AI creations? And while we understand the real threat of generative AI to part of the livelihood of members of the creative class, it also poses a risk to brands that have used visuals to meticulously craft their identity. A case before the U.S. Supreme Court against the Andy Warhol Foundation brought by photographer Lynn Goldsmith, who had licensed an image of the late musician, Prince could refine U.S. copyright law on the issue of when a piece of art is sufficiently different from its source material to become unequivocally transformative, and whether a court can consider the meaning of the derivative work when it evaluates that transformation. It will help the nation to coordinate its affairs in international fora with respect to IP matters, which will also reduce the cost of running different agencies for IPRs. The IP Section also advises and assists agencies in a broad range of issues related to the . New tools can even promise obfuscation from these algorithms. Anyone you share the following link with will be able to read this content: Sorry, a shareable link is not currently available for this article. Each post must be at least 150 words. If this can be achieved, their nationals would see the actual benefits of IPRs and no longer consider them a foreign concept or law which was put in place to protect foreigners and their interests. Enforcement through administrative agencies, such as customs, is also ineffective. Effective, well-designed and balanced IP systems promote innovation, growth and investment.Footnote 1 IPRs play an essential role in todays global economy because they are international in character and reward innovative and creative activities.Footnote 2 There is a strong relationship between IPRs and economic development as IPRs create an enabling environment for creativity and innovation in order to stimulate economic development. Also, the effectiveness of IP policies is often hampered by insufficient education on the nature and importance of IPRs among both users and administrators. Tuesday, January 19, 2021. Intellectual property (IP) infringement refers to any violation or breach of protected intellectual property rights. Procedia Soc Behav Sci 81:329333, Nwogu MIO (2014) The challenges of the Nigerian Copyright Commission (NCC) in the fight against copyright piracy in Nigeria. 5). This does not, however, undermine the fact that the law is the starting place for effective protection of IPRs. Going forward, content creators that have a sufficient library of their own intellectual property upon which to draw may consider building their own datasets to train and mature AI platforms. Accessed 8 July 2021, Adewopo A (2012) According to intellectual property: a pro-development vision of the law and the Nigerian intellectual property law and policy reform in the knowledge era. There is a need to improve the efficiency of national IP offices which, to a large extent, are significant players or custodians of the implementation arm of IP policies. Insufficient coordination in the collective management of IPRs, particularly copyright, is also a challenge the country faces as the regulatory scene is unsettled. Contemporary Challenges to Intellectual Property Rights in Developing Countries: Looking Beyond the Laws (Nigeria as a Case Study). This study employed qualitative methodology using doctrinal and non-doctrinal methods of legal research. This makes a total of 34.5% of the participants who disagree with this position thereby corroborating the previous result that there is a lack of full digitization of the IPR registries and that this is hampering the registration and resultant protection of IPRs in the country. . It usually gives direction to the nations policy or stance in international fora and dictates how the nation will deal with other countries and international agencies. The lack of adequately trained staff and adequate funding also adversely affects the operations of the administrative agencies. Figure 4 shows that a majority of the participants in the survey, representing a total of 59.3%, are IP owners (3.4%), IP administrators/regulators (9.7%), IP academics/researchers (21.4%), IP managers (7.6%), IP lawyers (24.1%), judicial officers (1.4%) or law enforcement agents (3.4%). Nevertheless, IP laws and regulations must be adapted to meet the local needs of Nigeria in order to ensure that IP is an effective tool for driving the nations cultural and socio-economic development. The non-existence of an IP record system to aid the activities of the customs authorities with respect to detaining, seizing or destroying counterfeit goods also militates against their effectiveness in protecting IPRs. This gives a majority of 73.4% of the participants who agree with this. But, this enforcement mechanism has been weakened. This makes a total of 42.5% of the participants who disagree with this position. Olubiyi, I.A., Emerole, U.A. In a $26 million verdict from November 2021, a federal jury found Googles YouTube platform in violation of a patent held by VideoShare LLC. There are three main reasons for this: 1) the Boards evidentiary standard is lower than in court, 2) repeat challenges are allowed by the defendant, of course, but also by anyone who wants to challenge the validity of the patent for any reason and 3) patent owners are burdened with about $500,000 per challenge, which Big Tech companies can afford, but startups often cannot. European Commission report (2021), p. 3, Phillips and Firth (2000). For years, major American tech companies have complained about the threat of intellectual property theft. Officials of the various enforcement agencies also require technical training on IP matters and they can also have a separate unit or division to handle such matters. A holistic approach in addressing these challenges would be necessary in order to ensure that IPRs fulfil their function as a driver of innovation, creativity and ultimately the socio-economic development of a nation. Music and movies in the creative industry are also being exported all over the world over the internet and on streaming platforms (Luden 2020). 06-25-2023. Nigeria was listed as a priority-three country in the 2021 European Commission Report on the Protection and Enforcement of Intellectual Property Rights in Third Countries where IPR protection is not effective.Footnote 8 Yet, IPRs are playing an important role in its economy, particularly in the creative industry and the information technology (IT) sectors. Participants were of the opinion that there is still a need to amend the laws in order to have effective protection in Nigeria. The challenges to the effective protection of intellectual property rights are multifaceted and an understanding of these various challenges is essential in the creation of an IPR-friendly environment in order to ensure that IPRs can be a veritable tool in driving the economic and scientific development of a nation. Civil societies usually have the required expertise, global connections and resources that are needed to promote a change in their area of focus. Infringement can apply to many categories of intellectual property. In August of 2021, a jury ordered Apple to pay $300 million in damages to Optis Wireless Technology for infringing on that firms patents. This paper provides evidence that state anti-troll laws have had a net . Research that is conducted is usually not commercialized or exploited. Figure 7 shows that 40% of the participants strongly agreed that the challenge to IPR protection in the country is beyond that of inadequacy of laws, while 46.2% agree on this as well. For some time, emphasis has been placed on the inadequacy of laws as a major contributory factor to IPR protection in these countries especially where the IPR laws have not been made compliant with international IPR treaties or adapted to todays knowledge and information and communication technology-driven society. A toolkit to guide users through Practical Law's content relating to the legal and practical issues associated with deterring or acting on an infringement of intellectual property rights (IP). This will go a long way to sensitizing members of the public and reorienting the populace. https://www.wipo.int/edocs/mdocs/arab/en/wipo_ip_uni_dub_04/wipo_ip_uni_dub_04_7.pdf. Involvement of civil societies in IPR governance will serve as a check and balance, and provide insights, pressure and activism for an effective IPR regime. The sponsors of the bill claim that it will stop Big Techs weaponization of the PTAB, but that couldnt be a more inaccurate representation. Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. Developing countries need to internalize IPRs while putting certain complementary mechanisms or systems in place in order to harness their benefits. The target population for this research involved IP owners, IP administrators/regulators/policymakers, IP academics/researchers, IP managers, IP lawyers, judicial officers and law enforcement agents. This indicates that adequate law is the foundation upon which all other factors can be built. These two categories represent a majority of 70.4% of the participants who agree that inadequate and out-of-date legislation is a major challenge for the protection of IPRs in Nigeria (Fig. Summary: This guidance provides the Division of Corporation Finance's views regarding disclosure obligations that companies should consider with respect to intellectual property and technology risks that may occur when they engage in international operations.

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