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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Articles

Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act

By Phillip Wolfe, Baker Hostetler

On Aug. 5, 2022, the US Court of Appeals for the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and US District Court for the Eastern District of Virginia rulings. The Federal Circuit concluded that the Patent Act requires an “inventor,” as defined in Section 100(f), to be a “natural person."

Articles

An Eversheds Sutherland Resource - High Court grants restraining order over NFTs confirming them to be “property” under English law

By Eversheds Sutherland

The decision is an example of the English Courts’ willingness to develop and apply existing case law to contemporaneous disputes, in this case in relation to crypto assets and persons unknown who might be out of the jurisdiction (a common feature of such cases) to ensure victims have a timely means of tracing and recovering stolen assets.

Articles

The Top 10 Reasons to Litigate Intellectual Property Disputes in Canada

By Jeremy Want, Partner of Smart & Biggar LLP, Barrister and Solicitor, Patent and Trademark Agent; and Jean-Sébastien Dupont, Partner of Smart & Biggar LLP, Barrister and Solicitor, Patent and Trademark Agent

It is common for disputes over intellectual property (IP) rights, including patent, trademark and copyright disputes, to be multijurisdictional in nature. As discussed below, there are a number of important litigation procedures that make Canada an attractive forum in which to litigate IP rights.

Sample Forms, Policies, and Contracts

Assignment of Trademark With Owner as Assignor

This is a sample assignment of trademark where the Assignor is the owner of or has rights in certain trademarks, including all common law rights, and Assignor wishes to convey all of its right, title and interest in and to the Trademarks to Assignee.

Sample Forms, Policies, and Contracts

Employment, Confidential Information and Invention Assignment Agreement

This is a sample employment, confidential information and invention assignment agreement, under which a new employee assigns the right, title, and interest in and to inventions and other intellectual property items that the employee may conceive, develop or reduce to practice during the employment period.