
Publication
Is the output of the generative AI system protected by intellectual property rights?
The approach and requirements for intellectual property rights to subsist in computer-generated works vary from jurisdiction to jurisdiction.
Author:
Global | Publication | December 2017
New York courts may stay or dismiss an action that has little connection with the state. Under CPLR § 327(a), the doctrine of forum non conveniens permits a court to dismiss or stay an action "[w]hen the court finds that in the interest of substantial justice, the action should be heard in another forum." Defendants bear a heavy burden of establishing that New York is not a convenient forum, and courts have discretion in considering a number of factors in determining the issue. While no one factor is controlling, the residency of the parties has emerged in recent Commercial Division decisions as an important factor.
The leading New York case on forum non conveniens is Islamic Republic of Iran v. Pahlavi, 62 N.Y.2d 474, 478 N.Y.S.2d 597,(1984), cert denied, 469 U.S. 1108 (1985). In that case, the Islamic Republic of Iran brought an action against its former ruler, Shah Mohammed Reza Pahlavi. The complaint alleged that Pahlavi accepted bribes and misappropriated $35 billion in Iranian funds. Plaintiffs claimed that New York was the proper forum for the litigation because funds were deposited into New York banks and there was no alternate forum available. The Court of Appeals affirmed the forum non conveniens dismissal, agreeing that there was "not a substantial nexus between this State and plaintiff’s cause of action." In its discussion, the Court set forth several factors for courts to weigh in determining whether a substantial nexus exists between a cause of action and New York, specifically: (1) the burden on New York courts, (2) the potential hardship to the defendant, and (3) the unavailability of an alternative forum in which plaintiff may bring suit. The Court added that other appropriate considerations would be the residences of the parties and that the transaction from which the cause of action arose occurred primarily in a foreign jurisdiction. The Court noted that no one factor is controlling, and that the great advantage of the forum non conveniens rule is flexibility based upon the facts and circumstances of each case.
Read the full article: Commercial division update – The role of New York residency in forum non conveniens dismissals
Publication
The approach and requirements for intellectual property rights to subsist in computer-generated works vary from jurisdiction to jurisdiction.
Publication
Generative AI systems are trained using vast amounts of data, often taken from sources in the public domain that may be protected by copyright or other intellectual property rights, such as, in the UK and EU, a database right.
Publication
Decree 56/2025/ND-CP (Decree 56) came into effect in Vietnam on 3 March 2025. Among other things (and particularly from the perspective of gas-fired thermal power projects), Decree 56 sets out the principles of transferring fuel price (whether domestic gas or LNG) to the electricity price and the minimum long term contracted electricity output for gas-fired thermal power projects.
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