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We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi Agrawal. India and the Locarno Agreement.
Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2
Just like every lock has its matching key, each type of IP serves a specific purpose. With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? For that, first let us understand what are IP and IPR. of their work for a fixed period.
Understanding Mask Work Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. In particular, Section 1213.2
Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.
To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.
Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact).
Intellectual Propriety (IP) rights holders are under the perpetual threat of counterfeit goods in the market that is growing exponentially with advancing technology and a surge in cross-border trade among countries. Section 17 of the Act provides for detention and confiscation of goods imported or exported in breach of Section 15.
A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. Parliamentary Committee on IP Suggests Against Scrapping of IPAB. Topical Highlight.
Anyone working in the field of IP law from developing countries particularly on the African continent understands the tension between IPRs and access to IP-protected materials based on human rights imperatives. But all is not lost for while the policy space has been severely reduced, it is not completely eroded.
The case concerns the protection under Dutch copyright of the iconic “DSW” chair designed by American designers Charles and Ray Eames. According to US copyright law, the design of a so-called “useful article” may be copyrighted only insofar as its aesthetic aspects are separable from is utilitarian features.
As a result of the dissolution of the IPAB, the biggest question that has been raised is whether the High Court will be able to efficiently dissolve the IP cases given the large number of IP cases that will now fall on their shoulders. IP CASES PENDING BEFORE THE IPAB. INTELLECTUAL PROPERTY DIVISION (IPD) OF DELHI HIGH COURT.
On September 22, 2022 , the European Union Intellectual Office (EUIPO), through its European Observatory on Infringements of Intellectual Property Rights, published a discussion paper entitled " Automated Content Recognition: IP Enforcement and management use cases ".
There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]
The IPKat has received and is pleased to host the following guest contribution by Katfriend Spyridon Sipetas (Stockholm University), tackling the IP implications of ‘brat’. The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024 has officially been proclaimed as ‘brat summer’. Read on then!
Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. The composer died in 2001 and left a detailed estate plan to ensure that his family members get a share of royalties from his songs. The complex trust relationships were outlined in the complaint.
Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse? by Mercedes Morán Ruiz This question, among other issues, will have to be resolved by a Spanish court in an unprecedented dispute in this country.
However, the Court specified that this UsedSoft judgment exclusively protects computer programs, as the Computer Programs Directive is lex specialis to Directive 2001/29/EC. Firstly, the applicability of the resale right would appear evident at first glance given that an NFT is designed to generate a digital original of an artwork.
A similar copyright controversy surrounding Van Gogh happened in 2001 between two websites featuring digital copies of Van Gogh’s works. They are designed to create crowd-pleasing versions of an artist’s existence who didn’t sell any work in his lifetime. So far, no organization has proposed to copyright its show.
[Image Sources: Shutterstock] The 179 th report of the Law Commission of India in 2001 highlighted the need for a detailed whistle-blower law, naming it the Public Interest Disclosure (Protection) Act, entailing the need for the protection of whistle-blowers in mitigating corporate criminal practices. Author: Param.B.
Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM. Prashant Reddy for his inputs on the post.]
A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.
France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère. As the debate heated up, the European Union (EU) stepped in and eventually decided to favour the Swiss in 2001. Interestingly, another battle regarding the Gruyère trademark is happening in North America.
Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign
The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (Amending Act) came into force on 18 February 2020 and was designed to prevent illegal phoenixing activity. Additional provisions amending the Corporations Act 2001 (Cth) were aimed to encourage accountability by [.]
Image by storyset on Freepik The office of Controller General of Patents, Designs and Trademarks (CGPDTM) on July 2, has notified the 2025 Patent and Trademarks Agent Exams. The syllabus for the Trademarks Agent Exam is- Trade Marks Act, 1999 & Trademarks Rules, 2017(as amended) & matters related to IP Jurisprudence.
It will enable the metaverse to run smoothly without any brand abusing and illegal copying of the existing IP owners. Author: Rohit Soni, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing. The Design Act. 2000 along with Design Rules 2001.
PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. This blog will consider different IPs, which are at growing stage. This blog will consider different IPs, which are at growing stage.
For our weekly SoCal IP Institute meeting on Monday, August 2, 2021 we will discuss the following: The intersection between the three types of IP protection available for products.
Last week saw a bunch of interesting IP developments. Other IP Developments India to join Pharmaceutical Inspection Convention and Pharmaceutical Inspection Co-operation Scheme to improve quality of drugs. Gap settles Patagonia trademark lawsuit over pocket design. Nasscom releases guidelines for generative AI. Merck sues U.S.
Marcel sued Lucky Brand in 2001, arguing that the Petitioner’suse of “Get Lucky” in commercials infringed on the Respondent’s trademark. Author: Saransh Chaturvedi an associate at IP And Legal Filings , in case of any queries please contact/write back us at support@ipandlegalfilings.com.
Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. Under the SCPA, a mask work is a series of related images that forms a design or part of a design used to produce an integrated circuit. Understanding Mask Work. In particular, Section 1213.2
Lastly, it doesn’t only protect the invention, a patent generate a valuable IP asset. To sum up, a registration of a patent is a crucial move that gives legal protection, monetize the invention, strengthen the competitive advantage and generate a valuable IP assets which all are the important parts of the success of inventions worldwide [4].
Last week we published a literature review cum blog post on Artificial Intelligence and IP. Abhijeet is a fourth-year law student at Hidayatullah National Law University, Raipur, and is interested in the intersection of TMT and IP sectors. Anything important we’re missing out on?
” The Appellant learned that the Respondents were operating two hotels in Bangalore and Puttaparthi, noting that they had imitated their design, signage, and use of the phrase “RENAISSANCE.” Therefore, the Decision would aid brand owners in obtaining quick injunctive reliefs in cases of such blatant infringements.
The goods designated were in class 30 for coffee, cocoa products, coffee flavours (condiments), coffee beverages with milk, chocolate beverages containing milk, plant preparations for coffee substitutes, chocolate sauce, tea beverages, sugar, etc. (‘??’ HNTF then took the case to the Beijing IP Court. Book and media coverage.
Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today Image by vecstock on Freepik Provisions of the Jan Vishwas Act related to various IP legislations come into effect today. The petitioner proved prior use by placing documents on record since 2001. Read Tejaswini Kaushal’s analysis of the orders above.
Like the EUIPO’s Trade Mark and Design Guidelines and to the USPTO’s Trade Mark Manual of Examining Procedure , the Guidelines 2022 are the main point of reference for all parties using the Chinese trade mark system. The Standards were subsequently revised in 1994, 1997, 2001, 2005 and 2016, summarising changes in legislation and practices.
is the duty of the proprietor of an OPC to designate a successor who will assume control of the business upon the proprietor’s demise. The requisite number of individuals to establish a private corporation is two, whereas the minimum number of citizens for a public company is seven.An Salomon v.
The aim of the company was to exploit the IP rights held by John Sullivan in connection with OFAH. The Judge confirmed that the character would be covered by the concept of a literary work in the closed list of protected English works without any strained interpretation of the Copyright, Designs and Patents Act 1988 (‘ CDPA ’).
De jure functionality is defined as something functional in law if the degree of utility is so great that the configuration makes a superior design which others need to copy to be able to compete effectively. To shed some light on this, one can refer to the 2001 judgement of Surya Roshni Ltd.
dishes and seasonings) as works of IP. (1) He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. Compensation presupposes culpability and infringement of IP (or related rights) (i.e.,
In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.
1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.
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