IPHQ: Masters versus Masterpiece - IP and fine art

In recent years there has been a resurgence in piracy in the music industry. Whether it be that consumers can no longer afford streaming services in the face of a recession, or the culture of industry exploitation has changed in the digital age, industries?have seen a 13 percent increase in visits to piracy websites since 2022. ?

Due to the mass distribution of music on streaming platforms, there is now little intersection between music and the fine arts. Between 2006 – 2013 a single copy of Wu-Tang Clan’s seventh studio album, Once Upon a Time in Shaolin, was recorded and pressed, with the intention of creating a work of fine art. The master digital files were deleted to highlight the impact that streaming and piracy have on the value of music.?

"When you buy a painting or a sculpture, you are buying that piece rather than the right to replicate it. Owning a Picasso doesn’t mean you can sell prints or reproductions, but that you are the sole owner of a unique original. And that’s what Once Upon a Time in Shaolin is – it’s a unique original rather than a master copy of an album."

Source: RZA from Krissie Ducker, "A Discussion of Once Upon a Time in Shaolin with RZA & Cilvaringz", https://scluzay.com/eighteight/ .

The word “fine” refers to the integrity of an artwork - but is integrity lost when it comes to piracy? Griffith Hack Practice Group Leader Kellie Stonier and Associate Tara Koh explore the intersection between art, commerce and copyright law in their recent?article , through the discussion of Wu-Tang Clan’s seventh studio album, Once Upon a Time in Shaolin.?

Many studies have taken place confirming the impressive abilities of artificial intelligence, with the global AI market being valued at $60 billion. Microsoft has estimated that 75% of global knowledge workers use AI. The challenge for lawyers lies in the implementation of AI in legal practice. Smart & Biggar Associate Nicholas Di Piano ’s recent article explores how AI tools are impacting litigation, focusing on the Federal Court's guidelines for AI use by parties and the Law Society of Ontario’s stance on generative AI.?

AJ Park Principal Natalie Harre and Associate Dominic Scott-Jones 's recent article discusses the repercussions of being culturally insensitive. Following the story of Te Aro Brewing’s advertisement of beer featuring the name and images of ‘Kupe’, a well-known Polynesian explorer and an esteemed tūpuna (ancestor),?complaints were filed and ruled that the advertisements, product name and packaging was to be removed and not used again. They highlight the need for careful consideration and consultation when incorporating cultural elements into marketing strategies.?

Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems. Explore official marks in Canada through Smart & Biggar Principal Elliott Gold 's article where he discusses the benefits and challenges that the regime presents and proposes potential reforms to strike a better balance between those benefits and challenges.?

Trade secrets and confidential business information are necessary for a business to protect their IP. Find out how?trade secrets and confidential business information are understood and protected in Smart & Biggar Senior Associate Matt Norton and Associate Emily W. Miller ’s article where they offer best practices for businesses operating in Canada. ?

Australia

Every four years IP Australia renews and adjusts its fees. The newest changes will take effect on 1 October 2024. Despite the current fees remaining the same this quarter, significant changes in fee calculations will be implemented. Learn more about excess claim fees and what this means for Australian patent applicants from Griffith Hack Managing Director Aaron LePoidevin and Practice Group Leader’s Georgina Higinbotham and Amanda Stark ’s article , AJ Park Principal Dr Fiona Pringle ’s article , and Spruson & Ferguson Principal Andrew Davey and Senior Associate Dr Serena White ’s?article .?

Commencing 1 October, IP Australia is set to implement changes to the patents, trade marks, designs, and plant breeders rights fees. To learn more, read Griffith Hack Practice Group Leader (ChemLife) Amanda Stark and Associate Dr Megan Cole ’s article and Griffith Hack Special Counsel Simon Gapes ’ article, where they summarise the important changes to the Patent Fee Schedule and the changes being made to the trade mark processing fees and cost awards.?

IP Australia has renewed its design systems since gaining public feedback. The consultation outcomes cover three topics: virtual designs, partial designs, and incremental designs. Find out more about these policies from AJ Park Principal Sarah Barclay and Senior Associate Aled Daniel Thorpe ’s article .?

IP Australia is updating their fees to cover the costs of administering intellectual property (IP) rights and their associated legislation. Find out how the revised fees will impact IP-related services and processes in AJ Park Principals Dr Fiona Pringle and Thomas Huthwaite 's article . ?

Following last year’s consultation on Safe and Responsible AI usage in Australia, the Australian Government has moved forward two key actions – the release of a Voluntary AI Safety Standard and a proposed introduction of Mandatory Guardrails for AI in high-risk settings. Learn about the new key actions arising in Spruson & Ferguson Principal Sylvie Tso and Senior Associate Nadine Martino ’s article .?

China

The exemption from liability of patent infringement for activities related to regulatory approval for medicines, known as the “Bolar” exception, and the definition for “offer to sell” have been a prominent discussion in the field of pharmaceutical IP in China. In this context, Spruson & Ferguson Head of Patents Dr. Siqi Wang and Special Counsel Dr. Xigui Huang discuss the ruling in the HEC (Guang Dong) & Merck Sharp & Dohme (MSD) case and provide insights and key takeaways on the interplay between the patent rights and access to these essential medications. Read more in their article Pharmaceutical Patent disputes in China: The nuances of “offer to sell” .?

Singapore

To benefit patent applicants, Singapore has further simplified their patent application process by implementing initiatives to reduce the extension fees and the formalities associated with certain PCT search reports, thereby providing cost and time savings to applicants. Spruson & Ferguson Engineering Practice Group Leader (Asia) Le Hong Minh and Associate Sam Gnanapragasam outline the benefits of the IPOS initiatives in their article Singapore: New initiatives reduce patent examination burdens .?

Tune in to season three episode two of IPH’s From Idea to Intellectual Property Podcast, Faking It: Navigating Intellectual Property in a Deep Fake World . Host ?? Lisa Leong is joined by ROBIC Senior Associate, CIPP/C and Privacy Officer Tara D. to discuss deep fakes and the technological advancements, legal ramifications and ethical concerns surrounding this transformative, yet controversial technology.??