Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
New York recently passed a law that, effective immediately, allows student athletes at colleges within the state to receive compensation for their name, image, and likeness (NIL) being used to endorse products and services, without the risk of losing their scholarships or eligibility to participate in their sports.
Please join us for our Artificial Intelligence Boot Camp series, beginning November 1, 2022, as we explore the impact of artificial intelligence (AI) across industries. Our presenters will cover a wide range of topics, including contracting for AI in digital transformation, key issues in AI patents and copyrights, digital health, ethics, and more.
Effective management of intellectual property is crucial in the contracting stages of technology projects. Various types of intellectual property can be subject to protection in an agreement and may receive different types of treatment. For example, copyright protection, patent protection, and know-how (trade secrets) are all subject to different rules when it comes to contracting.
In 2021, the Australian Federal Court ruled in a landmark case that a device characterized as an artificial intelligence (AI) machine could for the first time be listed as an inventor on a patent application for the purposes of the Australian Patents Act 1990 (the Act).
When two parties engage in a merger or acquisition, there are several processes that must take place before the transaction can be completed, including due diligence of the seller’s assets—and particularly the seller’s relevant and material intellectual property (IP).
When two parties come together to discuss a new idea or potential collaboration, the parties are usually operating under the protection of a non-disclosure agreement (NDA). If the parties decide to work together, they will most likely enter into a services agreement outlining their respective rights and obligations, including intellectual property (IP) ownership and commercialization rights. Occasionally, parties operating solely under an NDA may start collaborating in a way that’s not fully covered by the NDA prior to entering into a services agreement because they’re just not at that stage of the relationship yet. Regardless of whether the parties are ready to enter into such an agreement, if there is any potential for IP to be created in connection with such a collaboration (even if it’s fairly informal), the agreement between the parties needs to address the rights of each party with respect to any such IP.
The Intellectual Property Office (IPO) in the United Kingdom just closed a consultation on policy options for changes to patent and copyright legislation to better protect technology created by artificial intelligence (AI).
When a company desires to develop technology, it has two options: develop the technology in-house by its employees, or contract with a third-party developer to develop the technology. Any time a company contracts with a third party to develop technology for the company, one of the key issues in the agreement should be allocation of intellectual property ownership.