Artificial Intelligence and Copyright: A Danish Perspective
This article examines recent Danish developments at the intersection of artificial intel-ligence (AI) and copyright, including the expert group recommendations issued in September 2025, the use of the extended collective licence for AI rights clearance and the first wave of AI-related copyright litigation before the Danish courts.
Released on Oct 13, 2026
Digital personas in the age of AI: mapping the unfinished Indian project
This article examines India’s evolving legal framework governing digital personas and key lessons from the experience in the United States. India presents an important case study because its courts have rapidly expanded personality rights jurisprudence, while regulators have simultaneously introduced measures governing AI-generated content. However, these developments largely focus on regulating synthetic content and addressing misuse after it has occurred, leaving broader questions concerning the ownership, control and commercial exploitation of digital personas substantially unanswered.
Released on Oct 13, 2026
AI and copyright: the legal landscape in China
This article systematically examines China’s existing legal framework at the intersection of artificial intelligence (AI) and copyright, covering rules governing training data, the eligibility of AI-generated content for copyright protection, infringement liability and the application of trade secrets law to protect AI-related assets.
Released on Oct 13, 2026
Digital twin theory: when does a digital twin become a commercial asset?
For centuries, identity has been recognised through physical presence and official records. A passport tells governments who we are, a signature expresses our consent, a photograph captures a moment in our lives and, together, these elements have helped identify one person from another. Today, another form of identity is rapidly emerging. This article explores the concept of the ‘digital twin theory’ and explores the legal issues surrounding it.
Released on Oct 13, 2026
Japan’s AI-training exception: Article 30-4 and the limits of creator-specific generative AI
Japan’s Article 30-4 of the Copyright Act is widely cited as one of the broadest statutory exceptions for artificial intelligence (AI) training, permitting uses of copyrighted works for machine learning and other ‘non-enjoyment’ purposes without the rightsholder’s consent and without a general statutory opt-out mechanism equivalent to that under the European Union’s framework. This article explains why that description, while broadly accurate, is increasingly incomplete. Materials produced by the Agency for Cultural Affairs addressing creator-specific fine tuning and low-rank adaptation (LoRA)-type ‘overlearning’ show that the exception recedes where an enjoyment purpose coexists with data analysis, and pending litigation against Perplexity AI by Japan’s major newspaper publishers illustrates that lawful training does not resolve output-stage and retrieval-augmented generation (RAG)-related liability. Situating these developments within Japan’s evolving AI governance framework, the article closes with the practical implications for foreign counsel advising clients with Japan-related exposure.
Released on Oct 13, 2026
New developments in AI regulation in Ukraine: cybersecurity recommendations for AI-powered systems
This paper analyses Ukraine’s newly adopted recommendations on cybersecurity for information and communication systems using artificial intelligence (AI). It outlines their scope, key cybersecurity measures and AI-specific risk management approaches and considers their significance for the development of Ukraine’s AI regulatory framework.
Released on Oct 13, 2026
Artificial intelligence and copyright in Australia: from consultation to commitment
Over the past 12 months Australia has moved from open-ended consultation to firm commitment on the regulation of artificial intelligence (AI), rejecting a text and data mining exception to copyright infringement and announcing a mandatory national AI framework with express protections for rightsholders. This article surveys key recent developments, including the Productivity Commission’s reports, the government’s announcement on the creation of Australian AI standards and a new Office of AI in July 2026 and the doctrinal questions that remain unresolved.
Released on Oct 13, 2026
The machine and the muse: what French law actually does to artificial intelligence
French intellectual property (IP) law offers a coherent set of rights capable of reaching generative artificial intelligence (AI) models, but currently lacks the evidentiary grip to enforce them against systems designed for opacity. This article examines the text-and-data mining exemption’s structural fault lines, the liability exposure accumulating across content categories, the bar excluding AI from authorship and inventorship under French doctrine and three developments expected to shift the terrain by the end of 2026: the Darcos bill, the Budapest referral and the European Union’s AI Act.
Released on Oct 13, 2026
Copyright’s silent frontier: AI memorisation, inference and retrieval-augmented generation
This article examines the copyright risk attached to artificial intelligence (AI) systems during their operation rather than training, focusing on three under-explored phenomena: model memorisation, the capacity of AI weights to encode and reproduce protected expression; inference itself, the act of running an already trained model to generate outputs; and retrieval-augmented generation (RAG), which causes systems to retrieve, load and process third-party content in inference time. None of these three phenomena fits comfortably within existing EU or national copyright exceptions, and it is the operation of the model, in all three forms, rather than model training, that is expected to drive the next wave of AI copyright litigation.
Released on Oct 13, 2026
The overlap between Singapore copyright law and AI governance
This article examines key aspects of the Singapore Copyright Act 2021 that permit artificial intelligence (AI)-related uses of copyrighted works in Singapore that may otherwise be deemed to be copyright infringement. It then analyses how AI governance compliance can help in regard to the application of copyright-related provisions in cases involving AI-related copyright infringement.
Released on Oct 10, 2026
Protecting trade secrets in the age of remote work: a Nigerian perspective
This paper argues that technological advancements and regulatory gaps have created the ‘digital walkout’ where employees can exit organisations with valuable proprietary information in digital form. It contends that existing legal mechanisms are insufficient and advocates for a more robust, technology-responsive framework for trade secret protection in Nigeria.
Released on Jun 9, 2026
The seizure of evidence under Danish law: when an employee takes more than workforce to a competitor
Danish law provides a powerful civil remedy procedure for the seizure of evidence protected by intellectual property law, unlawful product imitation under marketing law and certain sui generis protection, including where a rightsholder suspects that such material, for example technical drawings, have been taken by a former employee to a competitor. The seizure of evidence may extend to electronic data stored outside Danish jurisdiction provided that the relevant material can lawfully and effectively be accessed from premises in Denmark.
Released on Jun 9, 2026
Access to professional email accounts: the struggle between GDPR data subject access rights and the right to evidence before French courts
Since becoming applicable on 25 May 2018, the GDPR has required employers, as data controllers, to respond to requests made by data subjects. Among the rights it grants is the right of access under Article 15: the right to obtain confirmation that personal data are being processed and to receive a copy thereof, including the content of the messages and their technical metadata. Initially intended to enable individuals to verify the lawfulness of data processing, this right has become a tool for employees seeking to build a case against their employer.
Released on Jun 9, 2026
Walking out the door in Brazil: trade secrets, confidential information and post-employment obligations
This article examines the Brazilian legal framework governing the protection of trade secrets and confidential information in the context of employment relationships, with a particular focus on the obligations that persist after the employment bond is dissolved. It analyses the relevant statutory instruments, the role of unfair competition law as the primary post-employment enforcement mechanism, available remedies and emerging trends in the Brazilian courts.
Released on Jun 9, 2026
What leaves with the employee? Confidential information and IP risks post-employment
This article examines the legal framework governing trade secrets, confidentiality and intellectual property created during employment under the law of North Macedonia, with a particular focus on employee post-termination obligations. It analyses the protection available to employers, the allocation of economic and moral rights to employee-created works and the role of contractual mechanisms, such as confidentiality clauses, in safeguarding business interests.
Released on Jun 9, 2026
Navigating post-employment patent assignment agreements and the burden of proof
The Eastern District of Texas found that an assignment agreement presuming that patents filed by a former employee up to a year after leaving an employer would still be owned by the employer was valid despite worker-friendly state employment laws, because the agreement also provided that the presumption could be rebutted by a showing that the invention was invented after leaving the former employer. The former employee was in fact able to convince the court that the invention occurred after the termination of his employment, and the court ruled that he did in fact own the patents and had standing to assert them in a patent infringement lawsuit, clearing the way to a subsequent $278.8m jury award. This article analyses that case to assess the broader practical implications for both employers and employees within patent law.
Released on Jun 9, 2026
Defining the object: why trade secret claims fail in Ukraine
Most trade secret disputes involving former employees in Ukraine fail at the stage of defining the object of protection. The issue is not the absence of commercially valuable information, but the inability to express that value as a legally identifiable object. This article examines how Ukrainian courts address this problem and what it means for enforcement.
Released on Jun 9, 2026
Labour market shifts and the evolution of trade secret protection under Japan’s Unfair Competition Prevention Act
Japan is simultaneously promoting workforce mobility and strengthening trade secret protection. The 2023 amendment to the Unfair Competition Prevention Act expanded the scope of protected data, introduced extraterritorial enforcement and enhanced the remedies available, while the March 2025 revision of the Ministry of Economy, Trade and Industry (METI) Management Guidelines for Trade Secrets addressed generative artificial intelligence (AI), cybersecurity, remote work and research institutions. This article examines these reforms, the evolving case law in this area and the role of non-compete clauses as a calibrated complement to confidentiality obligations.
Released on Jun 9, 2026
When former employees become a vector for IP infringement, trade secret misappropriation and unfair competition
When a service company loses a key client only to find a newly formed competitor, staffed by former employees, using its own operational tools, already in operation, the legal response rarely rests on a single cause of action. This article examines three interlocking claims under Portuguese law: unfair competition through employee diversion, trade secret misappropriation and copyright infringement. It also surveys the procedural tools available — disclosure orders, injunctions and damages mechanisms — that determine whether the legal response is effective in practice.
Released on Jun 9, 2026
The legal framework governing intellectual property and entertainment in Tanzania
The music scene and a growing film sector have brought to the fore the critical importance of intellectual property (IP) rights in Tanzania. As creators and innovators increasingly leverage their artistic endeavours for commercial gain, a robust legal framework is essential to protect their interests, foster creativity and ensure fair compensation. This article provides a detailed examination of the IP and entertainment law landscape in Tanzania, highlighting key legislation, regulatory bodies and recent developments, all presented from the perspective of a seasoned legal practitioner.
Released on Jun 9, 2026
Towards a more holistic framework for trade secret protection in Türkiye: analysis of the draft law on the protection of trade secrets
In April 2026, the Turkish Ministry of Trade published a draft law on the protection of trade secrets, aiming to establish a more coherent legal framework for trade secret protection, drawing on European Union Directive 2016/943. This article provides a general overview of the draft law by highlighting the conceptual ambiguities, constitutional tensions and legislative inconsistencies likely to shape its implementation in the light of Directive (EU) 2016/943.
Released on Jun 9, 2026
The unregistered asset: protecting trade secrets from misuse by former employees in India
This article explores the legal landscape surrounding the protection of trade secrets in India, with a particular focus on misappropriation by former employees. In doing so, it surveys the judicial standards developed by Indian courts and examines the contractual and operational mechanisms that employers may deploy in the absence of dedicated trade secrets legislation.
Released on Jun 9, 2026
Guarding the crown jewels: legal strategies to prevent strategic data leaks post‑employment
This article examines the legal strategies available to companies under French law to protect trade secrets from misappropriation by departing employees, with a focus on the contractual, procedural and evidentiary tools shaped by the landmark Law of 30 July 2018 and a series of recent Supreme Court (Cour de Cassation) rulings. It argues that effective protection depends not only on litigation readiness, but on the preventive architecture built before the departure occurs.
Released on Jun 9, 2026
Walking out the door: Australian approaches to safeguarding confidential information and intellectual property
This article examines the legal framework for trade secret protection in Australia, including breach of confidence, copyright, directors’ duties and fiduciary obligations, noting the benefits of a multi-pronged approach. It considers the practical implications of forthcoming reforms that aim to restrict restraint of trade clauses in employment contracts.
Released on Jun 9, 2026
IP and sports in a year of global competitions: legal, strategic and commercial considerations for rightsholders and market participants
This article examines the strategic role of intellectual property in the global sports industry during a year marked by the 2026 FIFA World Cup and the 2026 Winter Olympic Games. It analyses key legal and commercial challenges for rightsholders and third-party market participants, covering athlete image rights, artificial intelligence-generated representations, licensing, broadcasting, anti-counterfeiting and ambush marketing. Practical perspectives from industry practitioners featured in a webinar hosted by the IBA Intellectual Property and Entertainment Law Committee on World Intellectual Property Day 2026 are integrated throughout the article.
Released on May 27, 2026
Filing an opposition to register a trademark in Cyprus and the new procedure under the amended Trademarks Act
Filing an opposition to register a Trademark in Cyprus and the new procedure under the amended Trademarks Act.
Released on Jul 27, 2022
Outlining trademark strategies to endure economic adversities
This article the benefits of implementing trademark strategies that allow to create new lines of business, alliances or revenue opportunities using the existing brand and intellectual property.
Released on Jul 27, 2022
‘How to invest?’ That is the question
The investment obligations for VOD Providers applicable in Portugal following the transposition of Directive (EU) 2018/1808 which amends the Audiovisual Media Services Directive
Released on Jul 27, 2022
Editor’s Note, July 2022
Welcome to the first IBA Intellectual Property and Entertainment Law newsletter of 2022.
Released on Jul 27, 2022
NFTs: a Brazilian legal perspective
This article provides an overview of the legal implications for non-fungible tokens (NFTs) in Brazil, specifically in relation to their impact on intellectual property rights and data protection.
Released on Jul 27, 2022