January 2023

Artificial Intelligence and Law in 2023

Takeaway: If you intend to use AI in your business, it is necessary to track AI legislation, as you do not want to be in violation of upcoming AI law.

Artificial Intelligence (AI) is considered an era-defining technology, and National governments are keeping tabs on how developing AI will affect future commerce. For example, in the United States, the National Artificial Intelligence Advisory Committee (NAIAC) was recently created within an agency in the Department of Commerce. The NAIAC is tasked with advising the President and the National AI Initiative Office and is expected to play an important role in future implementation of AI legislation.

Many U.S. states have already introduced legislation to regulate AI in the public and private sectors. For example, Illinois has an “Artificial Intelligence Video Interview Act,” a law regulating how AI is used to decide which candidates for employment will receive in-person interviews.

In the European Union, “The Artificial Intelligence Act” proposes to rank AI systems and applications according to their “risk” levels, such as risks to personal privacy.

For business owners seeking to use AI technology, it is expected that 2023 will bring new laws and regulations and it is necessary to be informed on upcoming legislation. Privacy and security will always be a priority, and the passing of AI legislation will aim to protect that.


How AI Affects Future Lawyering

Takeaway: While many think Artificial Intelligence (AI) will replace lawyers in the future, it is more likely that AI will help lawyers produce higher-quality work.

AI is the future of technology, so many businesses are wondering how this new innovation can positively affect their products or service. Currently, ChatGPT is the most well-known and easily accessible AI platform, providing a generative AI-based chatbot. Generative AI refers to technology that creates new content by using previously created content and data.

AI technologies, specifically in use by attorneys, can be used in the future to create faster work product, generate contracts, create memos, manage incoming clients, and much more. There are still many risks in using AI, as many are worried about risk of copyright infringement and privacy concerns. Nonetheless, AI will be an expected future part of work product across all fields of business.


Sherlock Holmes Enters the Public Domain

Takeaway: Famous detective character Sherlock Holmes enters the public domain, and while copyright infringement is no longer a concern, always be cautious of possible trademark infringement.

On January 1, 2023, Arthur Conan Doyle’s final original Sherlock Holmes work, The Case-Book of Sherlock Holmes, entered the public domain.

For years, the Doyle Estate previously argued that although some of the Sherlock Holmes works were public domain, there were still later works that remained under copyright protection. Now that the final work has entered the public domain, anyone can use the iconic detective character without fear of copyright infringement.

Though the use of Sherlock Holmes may be available without copyright infringement, the Doyle Estate may still retain possible trademarks. In order to avoid possible trademark infringement, it is still necessary to consult with an intellectual property attorney before publishing any new works.


USPTO Launches New IP Tool Identifier

Takeaway: The U.S. Patent and Trademark Office (USPTO) launched a new tool online to help business owners and inventors identify and protect their intellectual property.

The USPTO launched its new Intellectual Property (IP) Identifier tool. Designed for those who are less familiar with IP, this virtual resource enables users to identify if they have the IP protections needed to support and advance their business or innovation. This tool also provides simplified information on patents, trademarks, copyrights, and trade secrets.

The IP Identifier has basic and advanced options. The basic option uses six simple questions to quickly assess which type of IP to protect, while the advanced option allows users to go more in depth about their specific type of IP and obtain links to additional resources. Currently, a option called “Managing your IP” is under development.

The IP Identified tool can be found HERE.


The U.S. Supreme Court Denies Trademark Case over NBA Goods

Takeaway: Offering to ship and shipping products to a specified location could establish jurisdiction in that location, even if the business itself does not reside there.

The National Basketball Association (NBA) has been in a trademark infringement dispute with Chinese seller HANWJH for counterfeit products from China since early 2021.

Initially in the district court, HANWJH asked the court to throw out the lawsuit, arguing the federal court lacks personal jurisdiction over the dispute with the Chinese entities. The U.S. District Judge denied HANWJH’s motion, stating that the NBA had established jurisdiction since HANWJH admitted it both offered to ship and had shipped products to Illinois.

This case rose up to the U.S. Court of Appeals for the Seventh Circuit, where the judge handed the victory to the NBA. Chinese seller HANWJH most recently wrote a petition for a writ of certiorari hoping the U.S. Supreme Court would take up the case, arguing that the court’s decision “allows a plaintiff to manipulate jurisdiction by manufacturing a suit-related contact with a non-resident defendant.”

The Supreme Court denied hearing the case without explanation.

Image Credit: news.bloomberglaw .com/ip-law/high-court-turns-down-case-over-chinese-counterfeit-nba-merch


Cislo & Thomas LLP Spotlight

Cislo & Thomas Wishes You a Happy New Year!

From your Cislo & Thomas Family, we wish you a happy 2023! As we move forward in this new year, Cislo & Thomas wants to be a part of helping you achieve your intellectual property goals.

Do not hesitate to reach out to us, as it is never too soon to consult with one of our experienced intellectual property experts about your growing business.