IA, Droit D'auteur Et Charge De La Preuve

The European Union's Artificial Intelligence Act continues to evolve with significant regulatory updates that reshape compliance timelines and clarify key obligations. Recent developments include the Digital Omnibus on AI, which extends implementation deadlines for high-risk systems and introduces new prohibitions on harmful AI applications, alongside comprehensive guidance from the European Commission on classification criteria, transparency requirements, and general-purpose AI model obligations.

The European Patent Office has released its 2026 Guidelines for Examination, incorporating two landmark rulings that fundamentally change how patent claims are interpreted and what constitutes prior art. These updates introduce mandatory use of patent descriptions in claim interpretation, eliminate the reproducibility requirement for marketed products as prior art, and establish the EPO's first formal guidance on artificial intelligence in patent proceedings.

International trademark filing involves navigating diverse local requirements and quirks across 201 jurisdictions. Expertise in documentation, unique legal restrictions, and cultural nuances ensures effective strategies, cost savings, and optimal brand protection in complex global markets.

The Enlarged Board of Appeal has issued its decision in G 1/25, addressing a fundamental question in European patent practice: when must patent descriptions be amended to align with amended claims? This landmark ruling establishes new guidance on the relationship between claims and descriptions, building upon the interpretive framework set forth in G 1/24 and potentially reshaping how practitioners approach description amendments at the EPO.

The Court of Justice of the European Union has delivered its first definitive interpretation of the "pastiche" exception in EU copyright law, establishing that sampling and other creative borrowing can qualify as fair use when they engage in recognizable artistic dialogue with source material. This landmark ruling in the decades-long Kraftwerk sampling dispute charts a middle course between overly narrow and catch-all approaches, requiring that borrowed elements be used openly and recognizably rather than c

The Unified Patent Court's approach to claim interpretation has prompted significant changes at the European Patent Office, creating new considerations for patent drafting and prosecution. This analysis examines how recent decisions from both tribunals affect the interpretation of patent claims, particularly regarding the role of definitions in patent descriptions and their impact on claim scope.

The Court of Justice of the European Union has ruled that trademarks incorporating historical dates can be invalidated if they mislead consumers about a brand's heritage and expertise.

The European Patent Office's Enlarged Board of Appeal has issued its decision in G 1/25, addressing the contentious practice of description amendments in European patent applications. This decision establishes new guidelines on when patent descriptions must be modified to align with claims, potentially reshaping prosecution strategies across Europe. The ruling adopts a middle ground between the EPO's traditional approach requiring extensive amendments and recent case law suggesting such changes lack explici

The European Patent Office's recent referral of case T 873/24 to the Enlarged Board of Appeal may extend last summer's landmark G 1/24 decision on claim interpretation to the analysis of Added Subject-Matter.

DS Smith and its partners have launched the Reuse Fast Track initiative, Europe's first large-scale reuse acceleration program using existing industrial solutions for fiber-based e-commerce packaging. The program aims to circulate 250,000 reusable packages within 12 months while gathering critical data on consumer behavior and return rates. How will intellectual property strategies enable the scaling of circular packaging systems aligned with the EU's upcoming Packaging and Packaging Waste Regulation?