Intellectual Property Law

Beginning July 27, the declaration will be removed from the Office’s website, andthe Office will no longer accept electronic deposit copies submitted with this form. The Deposit Ticket Declaration Form was a temporary accommodation adopted during the COVID-19 pandemic. This accommodation is no longer necessary now that the pandemic emergency has ended. If the Office receives a declaration form and an electronic copy of a work after July 27, the examiner will request a physical copy of the best edition of the work (in cases where it is required) and will notify the applicant that the claim will not be examined until the Office receives thephysical copy. For more information, please visit their… Read more

The Copyright Office has issued a final rule in its proceeding “Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act.” This final rule confirms that the derivative works exception to termination rights under the Copyright Act (the “Exception”) does not apply to the statutory mechanical blanket license established by the Music Modernization Act (“MMA”). It directs the mechanical licensing collective (“MLC”) to make future royalty distributions in a manner consistent with this understanding of the Exception and to engage in a corrective royalty adjustment process to correct earlier overpayments that were made based on an erroneous understanding… Read more

Dear IP Section Member, I hope you and yours are doing well (and staying cool). In the past few months, I have enjoyed meeting and seeing many of you in person (at the Patent Office Comes to California and the Copyright Office Comes to California programs, and our monthly Wellness Hikes, throughout the San Francisco Bay Area) and virtually, at our monthly Office Hours with the Chair meetings. In the next week, our Executive Committee will meet to discuss Long Range Planning, for 2025. Our next Annual IP Institute (Long Beach, March 6-8, 2025) has already been scheduled. Please be sure to mark your calendars. Other fabulous programming… Read more

It's confirmed! The 48th IP Institute will be held on March 6-8, 2025 at the Marriott Long Beach Downtown. Read more

The European Union’s Directive (EU) 2022/2555, often referred to as NIS2, is a measure coming into effect October 18th 2024 for all EU member states. This will require these EU member states to develop heightened overall cybersecurity requirements applicable to medium to large size enterprises and businesses providing certain critical infrastructure providing services within the EU. These updates to cybersecurity requirements will include stricter risk management, heightened breach notification, supply chain cybersecurity obligations, and registration by early 2025. There are exemptions available, but the directive will impact the cybersecurity operations of many businesses with… Read more

The European Union’s AI Act, a piece of legislation designed to mitigate the risks posed by artificial intelligence, received the final approvals required to become law. The legislation bans certain AI systems, such as those that could be used to manipulate consumers’ behavior, within the EU. It creates several new regulatory mechanisms to ensure the new AI rules are upheld. In particular, it calls for the European Commission to create an AI office focused on regulatory compliance enforcement. The EU will also establish a panel of independent experts to support enforcement activities, an AI board… Read more

Dear IP Section Member,  If I have learned one thing from the practice of law, and communications generally, it’s to never bury the punchline: The Copyright Office Comes to California on May 16, 2024. It’s not too late to register.  After you register for that fabulous event, you will want to next register for The Patent Office Comes to California, on June 4, 2024. For that equally fabulous event, you can reserve your spot today. After you have registered for both, you will realize, perhaps,… Read more

Dear IP Section Member, It’s hard to believe that it’s the middle of April! I hope that you’re enjoying the new issue of New Matter. After an easy hike in February (Moss Beach), and a grueling one last month (Ohlone Wilderness), we will be doing a wellness hike and discussion on May 18, 2024, at and along the beautiful Dipsea Trail in Marin County. One hour of wellness credit will be available for participants. For more information, learn more and sign up!… Read more

We will have our first book club discussion in April! Read more

The IP Law Section is excited to present its flagship The Patent Office Comes to California symposium on June 4, 2024, in-person at and via live-stream from the USPTO’s Silicon Valley Regional Office! Read more