Product customization and trademark law: to infringe or not to infringe?
Being the proud owner of a ROLEX watch is great. To be able to make it unique by customizing it is even better. However, such personalization must be lawful and not infringe the owner’s trademark rights. This was the issue to be addressed by the Supreme Court on January 19, 2024 in case 4A_171/2023, the […]
The EU AI Act – 3 : High-Risk AI Systems
Although GPAIs models have understandably drawn significant recent attention, including in the final rounds of negotiations having led to the adoption of the EU AI Act, as detailed in our second paper of this series, high risk systems lie at the core of the EU AI Act. The placing on the market, putting into service, […]
The EU AI Act – 2 – Classification : prohibited practices and general purpose AI models
The EU AI Act sets requirements depending upon the intensity and scope of the risks that AI systems can generate, in light of the seven principles that underly the Regulation and that we mentioned in our previous paper, in particular, but not only, with regards to fundamental rights. This risk-based approach led the Commission to […]
The EU AI Act – Subject matter and scope
This is the first of our series papers related to the EU AI Act. On February 4th, 2024, EU countries gave crucial final nod to the first-of-a-kind Artificial Intelligence Law as Luca Bertuzzi put it. As stated by Luca Bertuzzi, “The European Parliament’s Internal Market and Civil Liberties Committees will adopt the AI rulebook on […]
Artificial intelligence (AI) and copyright: an overview of recent cases
Since 2023, AI has been monopolizing discussions and monopolizing the spoken word, sweeping everything in its path like a tidal wave. While the questions are multiplying, the answers are few and far between. The development and use of these tools has become a priority for companies, who rightly see it as a turning point that […]
The Court of Justice of the European Union rules on joint controllers’ liability
In case C-683/21, handed down on December 5, 2023, the Court of Justice of the European Union clarified the concept and scope of joint controllers’ liability. I. Facts In March 2020, the National Public Health Center at the Lithuanian Ministry of Health (NVSC) had commissioned a company with the task of developing a traceability application for […]
Artificial intelligence regulations: an overview
2023 will have been the year in which the general public became aware of the potential of artificial intelligence (AI) systems, particularly since the launch of ChatGPT. Faced with the challenges posed by AI, regulatory efforts are taking shape, starting with the proposed European Regulation on AI, whose final trialogue session will be held on […]
Generative AI and copyright: quo vadis?
Generative AIs are all around. The questions surrounding them are numerous. We will limit ourselves here to summarize the issues raised in terms of copyright and the possible answers (some even fairly likely) in the light of current law and the broader questions that these tools raise in this area. I. Assessment under current […]
U.S. Supreme Court rules against Andy Warhol?
Such seems to be the view of Justice Kagan in her dissenting opinion of the long-awaited ruling handed down by the Supreme Court on May 18, 2023 in Andy Warhol Foundation for the Visual Arts (AWF) v. Goldsmith et al. The facts behind this case are as follows: I. The facts 1981. Lynn Goldsmith […]
Can a product protected by a design be invisible?
Rulings on design matters are rare enough to warrant attention. The Court of Justice of the European Union has recently had two opportunities to address design protection in the European Union: on February 16, 2023 in the C-472/21 ruling, and on March 2, 2023 in the C-684/21 ruling. I will focus here on the first […]