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IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Bharat Harne Image from here The 161 st Report of Rajya Sabha Parliamentary Committee on IntellectualProperty observed (paragraph 11.1) that the use of intellectualproperty as collateral in financing transactions (I.P.
A Kat awaiting weekly IP updates Designs Katfriend Henning Hartwig reviewed the interpretation of Articles 6 and 14 of Regulation 6/2002 (CDR). The UK IntellectualProperty Office will have a consultation on reforms to the UK design system. The survey closes on 1 April 2025. To register and learn more check here.
Against that background, this blog post provides some tentative musings on the impact of text-to-image generators on human artistic creativity by analysing recent US and Canadian copyright registrations for artistic works. For simplicity, I will label this ‘commercial significant artistic creativity’.
On 21 September 2022, Egypt officially launched its first-ever National IntellectualProperty Strategy (NIPS) in a ceremony held in the New Administrative Capital and in the presence of Daren Tang, the World IntellectualProperty Organisation (WIPO) Director-General (See here , here and here ).
As noted by GuestKat Becky Knott in her earlier post ( here ), brand owners have been very active in protecting their brands through attempts to secure trade mark registrations in response to the rise of the Metaverse.
INTRODUCTION In today’s increasingly interconnected world, “IntellectualProperty Rights” have emerged as a vital area, influencing global innovation, creativity, and economic development. Paris Convention for the Protection of Industrial Property, 1883.
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.
While medical cannabis has traditionally been a source of intellectualproperty (IP), legalization is sure to bring an influx of applications in the coming years. Trademark registration is another available tool cannabis businesses should employ to protect their brand. Canada (Commissioner of Patents), 2002 SCC 76. [3]
In a recent decision, the European Union IntellectualProperty Office (EUIPO) analyzed a case involving replacement vacuum cleaner bags and their protection as industrial property. of Regulation 6/2002. of Regulation 6/2002. of Regulation 6/2002). Specifically, article 4.2 Article 4.3
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.
Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. A trademark holder must make “genuine use” of a registration by using it to acquire market share in relation to distinguishable goods or services. Ultimately, the EUIPO declared the trademark registration of Laugh Now invalid.
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. In the case of UST Global (Singapore) Pte. 1] AID No. 2 OF 2019
Smell marks are or have been heavily debated around the world and are privy to their own set of issues in terms of registration. Internationally, the statutory requirements for the registration of non-conventional trademarks varies across jurisdictions. Issues and Barriers to the Registrability of Smell-marks.
It contended that the registration sought only to circumvent copyright provisions In particular, the fact that any enforcement initiatives would require the author to disclose his identity, thus waiving his preciously guarded anonymity. Finally, the Board holds that there is no requirement to use the mark prior to registration.
It contended that the registration sought only to circumvent copyright provisions In particular, the fact that any enforcement initiatives would require the author to disclose his identity, thus waiving his preciously guarded anonymity. Finally, the Board holds that there is no requirement to use the mark prior to registration.
Program in IntellectualProperty, and an Associate Professor at Osgoode Hall Law School. I have been teaching and researching in intellectualproperty law at Osgoode since joining the faculty in 2002 and have served as Academic Director of Osgoode’s Professional LLM in IP law since 2009.
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.
It is, therefore, to preserve the reputation of a trade mark and other intellectualproperty, all nations felt the necessity for trade mark protection law, which led to the enactment of the Trade Mark Act, of 1999. The fourth schedule to Trade Marks Rules, 2002 – [link]. This led to consumer deception.
The process of trademark registration in Qatar is governed by the Law no. 9 of 2002 pertaining to Trademarks, Commercial Indications, Trade Names, Geographical Indications, and Industrial Designs and Models. A single application for registration may be filed for a group of marks upon payment of the prescribed fee. Examination.
She is passionate about IntellectualProperty Laws 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. Mehnaz is a recent law graduate from Aligarh Muslim University Centre Malappuram.
Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of IntellectualProperty. IntellectualProperty Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.
In the case at issue, some of the invalidity arguments filed by the company Delta Sport Handelskontor GmbH (Delta) concerned only one of the features relied on by the European Union IntellectualProperty Office (EUIPO). Therefore, invalidity arguments should be dismissed as irrelevant. On 2 February 2010 Lego obtained RCD No.
The decision of the Delhi HC, pronounced on 18 th September 2023, penned by Hon’ble Justice C Hari Shankar, in this matter over the tagline “For the Bold” has caused ripples in the field of IntellectualProperty Rights. Chetanbhai Shah 2002 SCC 65 to assert that a descriptive mark is ex facie invalid. For the Bold!”
The evolving landscape of the rules governing extensions of time at the evidence stage of opposition proceedings, particularly examining the transition from the Trade Marks Rules of 2002 (hereinafter “2002 Rules”) to the Trade Mark Rules 2017 (hereinafter “2017 Rules”) is a topic which has sparked significant debate recently.
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”).
An Analysis of the Order Firstly, for context, a rectification application must be filed under Sections 47, 57, 68 , or 77 (as applicable) of the TM Act read with Rule 92 of the Trade Marks Rules, 2002. 2016) held that Section 124 does not limit a party’s ability to seek rectification of a trademark registration.
vs M/S Mh 7 News And Anr on 20 November, 2024 (Delhi High Court) Image from here The petitioner, engaged in broadcasting services under the registered trademark “MH1/MH ONE” since 2002, sought cancellation of the respondent’s trademark “MH7,” registered in 2017, alleging deceptive similarity.
Previously, three governmental bodies had the authority to protect and enforce intellectualproperty rights: The Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents. Documents required for registration. Filing fee.
” The system of trademark classification eases the process of registration of a trademark. Thus, it gives the trademark registration process a definite structure. The Fourth Schedule to the Trademark Rules, 2002, lays down the different trademark classes. NICE Classification ). & Ors , it was held that.
As far as the international law is concerned, the Article 27(3)(b) of the Agreement on Trade-Related Aspects of IntellectualProperty Rights (the “TRIPS Agreement”) allows governments to give patent on micro-organisms, non-biological and microbiological processes. The Biodiversity Act, 2002. Conclusion.
2/2011) in 2011 led to the formation of an administrative body known as the Second Section of the IntellectualProperty Commission (S2CPI). Four of those were rejected in Q1 2024 for complaining about the registration of a website, not an established website where infringement is taking place.
In the fast growing economy, innovation is necessary for businesses and Patents as an intellectualproperty rights protects that innovation. Intellectualproperty rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. Image Source: Shutterstock].
The German company The Kaikai Company Jaeger Wichmann Gbr (applicant) filed a multiple application for registration of gymnastic and sports equipment at the European Union IntellectualProperty Office (EUIPO) on October 24, 2018. What are the facts? What was the applicant’s intention?
The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock].
It focuses on the similarities and dissimilarities of different aspects of intellectualproperty (IP) law in China and how they interact with each other. However, the SPC’s ruling in 2005 was not based on trademark infringement because Ferrero had not yet obtained a registration for the trade dress as a 3D mark.
Introduction Intellectualproperty rights (IPR) in e-commerce are a vital component of e-commerce. Regardless, intellectualproperty and e-commerce are inseparably linked. Intellectualproperty regulations and technology security methods are used to provide protection.
Cambodia is a member of the World IntellectualProperty Organization (WIPO) since July 1995 and of the Paris Convention for Protection of Industrial Property since September 1998. Trademark and other subjects of industrial property, such as patent, industrial design, utility solution, etc. Conclusion.
Therefore, to protect your business in the hospitality industry, you must seek protection via IntellectualProperty Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Class 35 – Dealing with office functions, advertising, business administration, and business management.
More times than not, issues of ownership come to a head when it is time to apply for a trade mark registration, engage in due diligence to raise funding or sell, or when a business needs to enforce its trade mark rights. Even font designs can attract specific intellectualproperty rights. At this point, it may be too late!
Introduction IntellectualProperty (IP) is a fascinating domain of human creativity and innovation. There are various facets of intellectualproperty, including Geographical Indication. The GI Act was incorporated in 2003 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002 came into force.
There are also cases on both sides of the issue where courts have held that trademark registrations related to the underlying controversy are sufficient to establish specific or personal jurisdiction. Pentapharm AG , 2002 WL 31749195, at *6 (N.D. to justify jurisdiction. In an earlier decision in Haemoscope Corp. See also Quick Techs.,
His passion lies in understanding the intersection of economics and public health with intellectualproperty rights. The Court opined that the use of the term “one month aggregate” and the removal of discretion for the Registrar to direct otherwise in Rule 50 of the 2002 Rules indicate that the time limit is mandatory.
Her areas of interest are IntellectualProperty Laws, Data Privacy Laws and Company Law.] Techsquare has 2 more applications awaiting registration for ‘Alphard’ word mark and a device, under Class 12 for land vehicles, and the same have been opposed by Toyota in 2017 (word mark) ( pdf ) and in 2018 (device) ( pdf ).
IntellectualProperty (IP) has been gaining prominence around the world. Effective and timely registration of IPs is now what the company strives for. In 2002, Korea exported technology worth US$0.6 Since 2002 Korea has increased its R&D expenditure from 2.6% In Europe, 36% of patents are not used.
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