In Penhallurick v MD5 Ltd [2021] EWHC 293 (IPEC) the Court held that the copyright in various literary works relating to software Mr. Penhallurick created during his tenure with former employer MD5 belonged to MD5. The Court found that the works were created in the course of Mr. Penhallurick’s employment with the result that MD5 was deemed the owner of the works (under the Copyright, Designs and Patents Act 1988), despite the fact that some of the work was done from Mr. Penhallurick’s home, outside normal office hours and using his own computer.

Continue Reading UK Court Rules on Copyright over Software Developed Whilst Working at Home

Over the last year we have seen increasing interest from our global client base in investing in strategic, transformational technology transactions with European counterparties.  These transactions often facilitate access to key technologies, geographies and, of course, data.  In this note we set out 6 key points to keep in mind when planning, negotiating and executing these types of transactions across Europe.

Continue Reading Strategic Technology Transactions in Europe – Considerations for U.S. and Global Companies

A foundation of intellectual property rights (IPR) is that authors and inventors are entitled to some level of exclusivity over their works in the form of copyrights and patents to incentivize innovation; that’s written into the Constitution. However, various voluntary open innovation practices have emerged, highlighting that developers also can benefit by choosing to widely share certain intellectual property in ways that also can help foster innovation.

While there is no “one size fits all approach,” with the growth of artificial intelligence (AI), there has been a trend to similarly facilitate more voluntary data sharing. Especially considering how AI is being used to address the COVID-19 pandemic and other important needs, voluntary open access to data could have a significant impact in the immediate future. However, practices for voluntarily sharing or providing open access to data are still developing and vary widely (in part because of the state of IPR protection for data). These evolving practices create some challenges for data contributors and users alike. However, the challenges often can be overcome by carefully selecting contract terms to govern the data sharing arrangement that factor in the goals and needs of the participants and relevant legal principles.


Continue Reading Look for Voluntary Open Data Practices to Follow Other Open IP Trends

On October 6, 2020, the U.S. Patent and Trademark Office (USPTO) published a report titled Public Views on Artificial Intelligence and Intellectual Property Policy. The report summarizes the nearly 200 comments received in response to patent-related questions regarding AI set forth in a request for comments (RFC) issued by the USPTO in August 2019 and non-patent IP questions set forth in an October 2019 RFC.

This post focuses on Part I of the report, which summarizes the comments received in response to the first RFC. Part II of the report pertains to the second RFC.


Continue Reading Covington Artificial Intelligence Update: USPTO Releases Report on Artificial Intelligence and Intellectual Property Policy

Artificial intelligence (“AI”) is expanding in many industries and could add approximately $13 trillion to the global economy by 2030.  Many organizations, both public and private, have invested substantial resources in AI research and development (R&D).  The United States, the European Union, Canada, China and many other countries have developed, or are developing, a

The COVID-19 crisis is demonstrating the potential of digital health technology to manage some of our greatest public health challenges.  The White House Office of Science and Technology Policy has issued a call to action for technology companies to help the science community answer high-priority scientific questions related to COVID-19.  The Centers for Disease Control and Prevention has also recognized that technology and surveillance systems can play an integral role in supporting the public health response to outbreaks.
Continue Reading AI/IoT Update: The Potential Benefits of Digital Health Technology in Managing COVID-19

An Expert Q&A with Mark Young of Covington & Burling LLP on the EU Cybersecurity Act and its new cybersecurity certification schemes for information and communication technology (ICT) products, services, and processes, especially internet of things (IoT) devices. It also discusses how the Act supports the EU Directive on the Security of Network and Information Systems (Directive 2016/1148/EC) (NIS Directive), the expanded role for the EU Agency for Cybersecurity (ENISA), and what companies need to know about timelines and enforcement.
Continue Reading IoT Update: Expert Q&A on the EU Cybersecurity Act

An Expert Q&A with Mark Young of Covington & Burling LLP on the EU Cybersecurity Act and its new cybersecurity certification schemes for information and communication technology (ICT) products, services, and processes, especially internet of things (IoT) devices. It also discusses how the Act supports the EU Directive on the Security of Network and Information Systems (Directive 2016/1148/EC) (NIS Directive), the expanded role for the EU Agency for Cybersecurity (ENISA), and what companies need to know about timelines and enforcement.
Continue Reading IoT Update: Expert Q&A on the EU Cybersecurity Act

The U.S. Patent and Trademark Office (USPTO) held its Artificial Intelligence: Intellectual Property Policy Considerations conference on January 31, 2019. The conference featured six panels of speakers, including policy makers, academics, and practitioners from Canada, China, Europe, Japan, and the United States. As stated by USPTO Director Iancu during his introductory remarks, the purpose of the conference is to begin discussions about the implications that artificial intelligence (“AI”) may have on intellectual property law and policy. In this post, we provide an overview of Director Iancu’s Introductory Remarks and of three of the conference panels that addressed several current and forward-looking issues that will impact patent law and society at large.

Opening Remarks by Director Iancu

The Director noted that governments around the world are adopting long-term comprehensive strategies to promote and provide leadership for technological advances of the future, and that America’s national security and economic prosperity depend on the United States’ ability to maintain a leadership role in AI and other emerging technologies.

The USPTO is using AI technology to increase the efficiency of patent examination. For example, the USPTO has developed and is exploring a new cognitive assistant called Unity which is intended to allow patent examiners to search across patents, publications, non-patent literature, and images with a single click. The Director concluded by stating that one of his top priorities is ensuring that the U.S. continues its leadership when it comes to innovation, particularly in the emerging technologies such as AI and machine learning.
Continue Reading Artificial Intelligence and the Patent Landscape – Views from the USPTO AI Intellectual Property Policy Considerations Conference

MongoDB, the developer of a popular document-oriented distributed database server by the same name, has updated the open source license that applies to versions of its software published after October 16, 2018.

Previously, the MongoDB software was licensed under the GNU Affero General Public License v.3 (“AGPLv3”), which is a “strong copyleft” license. Strong copyleft licenses, among other things, require that the source code for the licensed software (including any modifications) be made available to the public, typically when the software is distributed to third parties. AGPLv3 goes further than other strong copyleft licenses in that the obligation to make source code available is triggered not only when the software is distributed, but also when it is accessed over a computer network, such as the Internet.

In an apparent response to attempts by users of MongoDB to architect their services so as to avoid the obligation to make their source code modifications available under AGPLv3, MongoDB has created a modified version of AGPLv3 (see here for a redline comparison) with broader disclosure and licensing obligations. The new license is called the Server Side Public License v.1 (“SSPLv1”).


Continue Reading Understanding MongoDB’s New Copyleft Open Source License