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ARTICLE · 21 DECEMBER 2022

Intellectual Property Law: Looking Forward To 2023

Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
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With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023.

United StatesIntellectual Property
Dorothy Auth
Dorothy Auth
Howard Wizenfeld
Howard Wizenfeld
Andrew Harris
Andrew Harris
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With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of the most significant issues we are watching:

Keep an Eye on the US Supreme Court for New IP Law in 2023

  • Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2d. Cir. 2021), cert. granted, 142 S. Ct. 1412 (Mar. 28, 2022) (No. 21-869). The Supreme Court heard arguments on October 12, 2022 whether a work of art which "recognizably deriv[es] from" its source material but conveys a different meaning or message is sufficiently "transformative" to render the accused work a fair use, or whether further justification must be shown to qualify as a fair use.

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