Other Barks and Bites for Friday, December 1: Senators Discuss AI and Intellectual Property; EU Report Finds 86 Million Fake Items Were Detained Last Year; USPTO Releases New China IP Rights Toolkit

This week in Other Barks and Bites: Senate AI Insight Forum meets to discuss the ramifications of AI technology on intellectual property rights; Chinese President Xi Jinping orders stronger IP protections for foreign companies operating in China; and an EUIPO report finds that EU countries detained 86 million fake items in 2022.

Bites

USPTO Releases New Edition of China IP Rights Toolkit

On Thursday, November 30, the United States Patent and Trademark Office (USPTO) released a revised edition of its China Intellectual Property Rights (IPR) Toolkit. The new information in the toolkit describes recent changes made to China’s IP laws and government structure. According to the USPTO, “the Toolkit offers an in-depth look at the basics of protecting IP rights in China… It also provides an overview of China’s IP environment, details about IP enforcement, and a list of valuable China IPR resources…that can help rights holders who do business in China.”

Vidal Vacates PTAB Holding Invalidating Food Slicer Patent Claims

On Wednesday, November 29, USPTO Director Kathi Vidal vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) that found Weber, Inc. had shown by a preponderance of the evidence that certain claims of Provisur Technologies, Inc.’s patent were unpatentable. Vidal said the Board should have considered Provisur’s evidence of patentability, which the Board had deemed moot, or excluded the evidence in response to Weber’s Motion to Exclude. 

Senate AI Forum Focuses on AI and Intellectual Property

On Wednesday, November 29, the AI Insight Forum, a bipartisan Senate forum, met to discuss AI’s impact on copyright and intellectual property. The forum heard from a wide variety of speakers, including musicians, tech executives, academics, and representatives from the music and film industry. After the meeting, Senate Majority Leader Chuck Schumer (D-NY) said, “when it comes to copyright and AI, we have to create and enforce protections for creators to maintain their identities in the age of AI. And that may include some transparency in the AI systems to see what data they’re trained on.” Currently, there are several ongoing legal cases in which copyright holders have sued generative AI companies for using their copyright-protected material to train AI systems.

EUIPO Report: 86 Million Fake Items Detained in EU Last Year

On Tuesday, November 28, the European Union Intellectual Property Office (EUIPO) published a report that found 86 million fake items were detained in the EU in 2022. The value of the detained items was estimated at €2 billion, a 3% increase from 2021. 74% of the detained items originated from China, with Türkiye following at a distant 9.7%. Italy detained over half of the total number of fake items and accounted for a third of the value of detained items in the EU. The EUIPO hopes that the report will provide data to the EU policymakers so that they can develop evidence-based policy solutions.

Barks

USCO’s Copyright Public Records System Pilot Surpasses One Million Digitized Card Catalog Records

On Wednesday, November 30, the U.S. Copyright Office (USCO) announced that its  Copyright Public Records System (CPRS) pilot has now digitized more than one million card catalog records. The pilot system is part of the USCO’s efforts to modernize and digitize its vast public record including 35 million items making it the most accurate collection of copyright records. According to the Office, the CPRS uses a more powerful search engine than its current Public Catalog with more filtering and search customization options.

President Xi Orders Stronger IP Protections for Foreign Companies

On Tuesday, November 28, Chinese President Xi Jinping announced that his government would be enacting stronger protections for the intellectual property of foreign companies, according to state media. Two weeks ago, President Xi attended the APEC Summit in San Francisco meeting with other officials from the Asia-Pacific region and President Joe Biden. At the APEC CEO Summit, President Biden said, “we have real differences with Beijing when it comes to maintaining fair and level economic playing field and protecting your intellectual property.  We’re going to continue to address them with smart policies and strong diplomacy.”

Huawei Signs 4G and 5G Patent Cross-Licensing Agreement with Sharp

On Monday, November 27, Chinese firm Huawei announced it had signed a cross-licensing deal with Japanese tech company Sharp that will see the two firms share access to 4G and 5G patents. “This license represents mutual recognition of intellectual property of two standard contributors, which promotes standardization collaboration,” said Alan Fan, Head of Huawei’s Intellectual Property Department. Governments in North America and Europe have attempted to put restrictions on Huawei 5G technology in the past due to security concerns.

District Court Throws Out Herbal Tea Trademark Infringement Lawsuit

On Monday, November 27, a New York district court unsealed an order that ruled Guangzhou Baiyunshan Pharmaceutical Holdings Co. (GBP) will not have to face a trademark infringement suit from a rival company over a herbal tea beverage logo. Multi Access Limited (MAL) accused GBP of copying all of MAL’s intellectual property including its trademarked label. The district court ruled that MAL failed to show that the GBP had contacts or business in the United States, and thus the court ruled that the Chinese company did not have to face the lawsuit.

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