Click cover to download

(Subscriber-only password access)

Not a subscriber?

Click here to join the FREE mailing list and receive password access

Intellectual property (IP) is the lifeblood of many organisations. As such, it is important that companies take all of the necessary steps to protect their IP, in order to preserve and protect its value.  Meanwhile, AI is an area of burgeoning interest and concern for legislators and regulators across multiple jurisdictions. The rapid rise of generative artificial intelligence (GenAI) in the form of ChatGPT and similar platforms is upending the world of IP law. Many regions are underprepared for the changes brought about by AI. Its potential as a transformative technology means legislators must act to bring patent and copyright laws up to date.

UNITED STATES

Davis Polk & Wardwell LLP

“Given the recent and incredibly rapid rise of ChatGPT and other generative artificial intelligence (GenAI) technologies, the intersection of intellectual property (IP) law, particularly copyright law, and AI is probably the IP topic most at the forefront of the minds of legislators and regulators. With several critical copyright cases pending in the AI space, and existing copyright law ill-equipped to address some of the challenges posed by these powerful technologies, a legislative solution is likely the best way forward.”

CANADA

McCarthy Tétrault LLP

“There have been many changes to Canada’s patent, trademark and industrial design legislation and related regulations in the past 10 years, many of which related to Canada’s adherence to international treaties like the Patent Law Treaty and the Madrid Protocol. While there have been no major legislative changes in 2023, there are two major changes on the horizon. The first is a significant increase in fees across the board at the Canadian Intellectual Property Office (IPO), with fees increasing between 20 to 35 percent. In 2025, Canada will introduce patent term adjustment (PTA) to compensate patentees for unreasonable patent office delay.”

ARGENTINA

Marval O’Farrell Mairal

“We are not aware of any significant legislative or regulatory developments. However, over the last year, discussions on the EU-Mercosur free trade agreement (FTA) have resurfaced, as have discussions on Argentina’s still pending accession to the Patent Cooperation Treaty (PCT). Depending on the outcome of the elections in Argentina at the end of 2023, developments in this area may be expected in the not-too-distant future.”

UNITED KINGDOM

Marks & Clerk

“Payment card services businesses, banks and FinTech companies are increasingly placing value on obtaining proper trademark coverage for cryptocurrency services. Last December, HSBC filed fresh applications before the US Patent and Trademark Office (USPTO) to protect a wide range of metaverse products and digital currency services. This came on the heels of Visa’s two trademark applications filed before the USPTO last October for managing digital, virtual and cryptocurrency transactions, cryptocurrency wallets, non-fungible tokens (NFTs) and virtual goods, a necessary protection given its reported partnership with more than 65 crypto firms and the payment offerings reputedly entailed by those partnerships at over 80 million merchants.”

PEOPLE'S REPUBLIC OF CHINA

Ferrante Intellectual Property

“China is a global leader when it comes to the development of legislative and regulatory intellectual property (IP) law, focusing on the protection of the IP right holder. The most fundamental developments have been the expansion of the Trademark Law, which has been intended to address bad faith filings and to provide protection to brands that seek to register their marks in China, as well as an increase in the availability of punitive damages, which will act as a deterrent to infringement.”

HONG KONG

Norton Rose Fulbright

“The Hong Kong government is continuing its work on paving the legislative framework to implement the Madrid Protocol for facilitating the international registration of trademarks. According to a brief to the region’s Legislative Council on 18 April 2023, the Trade Marks (International Registration) Rules will set out the detailed procedures, rules and fee items for operation of the Madrid System in Hong Kong. The original plan was to submit the Rules for negative vetting by the Legislative Council in the first half of 2023; as of September 2023 there has been no news of the Rules being passed.”

SINGAPORE

RPC Premier Law

“Certain provisions of the Intellectual Property (Dispute Resolution) Act 2019 (IPDR Act 2019) and the new Supreme Court of Judicature (Intellectual Property) Rules 2022 (SCJIPR 2022) came into force on 1 April 2022 to enhance the intellectual property (IP) dispute resolution system. Previously, IP disputes had been heard in the Singapore High Court, state courts or at the Intellectual Property Office of Singapore (IPOS), depending on the nature of the IP rights, the value of the claim and the type of proceedings.”

CONTRIBUTORS

Davis Polk & Wardwell LLP

Ferrante Intellectual Property

Marks & Clerk

Marval O’Farrell Mairal

McCarthy Tétrault LLP

Norton Rose Fulbright

RPC Premier Law