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Swiss Supreme Court invalidates the Nespresso Capsule 3D Mark

The IPKat

In 2000, Nestlé filed an application with the Swiss Trademark Office for registration of a 3D trade mark in class 30 for coffee, coffee extracts and coffee preparations. Picture on bottom left is in the public domain. The Office registered the mark based on acquired distinctiveness. Nestlé appealed to the Federal Supreme Court.

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Conundrum behind registrability of GUIs as industrial designs in India

LexBlog IP

The subject design is original and has never been in the public domain. The process of application of the subject design on the finished article is a mechanical and manual process that falls within the definition of ‘industrial process’ (and accordingly falls within the purview of Section 2(d) of the Designs Act 2000).

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Competition Law: The Patent Pendulum

Intepat

After the period of protection, the inventions and information surrounding it fall into the public domain. Apart from this, the public disclosure at the time of application allows others to build upon this preexisting knowledge. Parallelly, competition law works in tandem and “protects competition, not competitors.”

Law 52
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Traditional Knowledge on the agenda for 2024

The IPKat

The WIPO IGC was established in 2000. WIPO Diplomatic Conference In a few months, the Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge will take place in Geneva to conclude the final stage of negotiations before the adoption of an international legal instrument. Image from Pixabay.

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Copyright Evidence: 21 for 2021 (a year in review)

Kluwer Copyright Blog

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects. Creative Industries.

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Copyright in Registered Designs

Biswajit Sarkar Copyright Blog

Thus, the registered proprietor has copyright in the design as soon as the design is registered under the Designs Act, 2000. The total duration of copyright in design will not exceed the fifteen year period, following which the design will become a part of the public domain. Restoration of lapsed designs.

Designs 52
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Registered Copyrights and the Requisites for Registration

Intepat

For artistic works, additional details about possession, trademark registration, Design Act 2000 registration, and design registration eligibility are required. The act of publication ensures that the work is broadcast in the public domain, offering the owner a sense of security.