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A Kat awaiting weekly IP updates Designs Katfriend Henning Hartwig reviewed the interpretation of Articles 6 and 14 of Regulation 6/2002 (CDR). Katfriend Edoardo Cesarini (GR Legal) outlined a recent EU General Court judgment concerning the role of similarity between goods in deciding on an infringement of a geographical indication.
2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.
2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.
Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002.
Under her leadership, IP Osgoode has become a key voice on intellectualpropertylaw and technology issues, forging fruitful relationships with academics, legal professionals, policymakers, and industry actors, while offering wonderfully rich learning opportunities to our students and graduate researchers.
Mehnaz is a recent law graduate from Aligarh Muslim University Centre Malappuram. She is passionate about IntellectualPropertyLaws and is interested in pursuing a career in the corporate sector. For clarity, it is important to know that Rule 9 of the MP Foreign Liquor Rules focuses on the registration of labels.
It is crucial to take into account whether two marks are “deceptively similar,” “similar,” “nearly resembling,” or its equivalent when it comes to the registration of trademarks, which includes the application process, opposition and rectification proceedings, and infringement and passing-off lawsuits.
Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectualpropertylaw regime. However, Indian law has indirect references for the protection of publicity rights. Under this Act, Sec.
Hiranya is a fourth-year law student at the School of Law, Bennett University. Her areas of interest are IntellectualPropertyLaws, Data Privacy Laws and Company Law.] [This post has been co-authored with SpicyIP Intern Hiranya Bhandarkar. Image from here.
Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich IntellectualPropertyLaw Center (MIPLC). He is currently a consultant at Sim and San, Attorneys At Law. His previous posts can be accessed here.
In 2002, the Federal Trade Commission, after an extensive inquiry, found out that over 75% of applications by generic pharmaceutical manufacturers were in some way or other involved in litigation initiated by the original patent holders. Evergreening, as a concept, emerged in the USA after the passing of Hatch-Waxman legislation.
Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”).
The Biodiversity Act, 2002. India has enacted the Biodiversity Act, 2002. As far as the registration process is concerned, the seed variety has to be novel, distinct and uniform. Such laws should not only provide intellectualproperty right over such plant varieties but should provide other incentives as well.
Trademark registration is another available tool cannabis businesses should employ to protect their brand. Canada (Commissioner of Patents), 2002 SCC 76. [3] This article does not create a solicitor-client relationship between you and MBM IntellectualPropertyLaw LLP. 3] Monsanto Canada Inc.
The Indian Hotels Company Limited filed a Trademark Application for the Taj Mahal Palace Hotel in Mumbai and obtained its registration. For instance, the ‘Incredible India’ campaign was introduced in 2002 in India to promote and advertise the nation’s rich heritage and culture.
Choice Of Law In Ipr Infringement The nature of the rights is the primary concern in any international dispute that involves intellectualproperty rights. So, applying a principle that solves a dilemma of choice of law may not be the right approach. This practice that has gained widespread acceptance over the years. [1]
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