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According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets.
Another eventful week in the IP world has passedheres what to keep in mind! A Kat awaiting weekly IP updates Designs Katfriend Henning Hartwig reviewed the interpretation of Articles 6 and 14 of Regulation 6/2002 (CDR). IP events and opportunities Jocelyn Bosse shared upcoming IP news, events, and opportunities.
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.
Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. 2021 was an exciting year for the IPilogue.
The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002. It started trading in India in around 1992 under the mark “SAP” and applied for trademark registration in 1999. The Appellant herein was a software entity providing business solutions for a number of industries.
Carys Craig is the Director of IP Osgoode, Editor-in-Chief of the Osgoode Hall Law Journal, Academic Director of the Osgoode Professional LL.M I am delighted to be writing my first IPilogue post as incoming Director of IP Osgoode! In other words, I am very well acquainted with all things Osgoode and IP!
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.
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. The GUI is not an integral part of the article but purely functional.
In fact, in a previous IP Blog post , we commented on the invalidity declaration on grounds of bad faith of the Flower Thrower by Banksy, the most enigmatic of street artists. As a result, registration of the trademark in question was considered inconsistent with honest practices and therefore, filed in bad faith. Cintia Bernhardt.
In fact, in a previous IP Blog post , we commented on the invalidity declaration on grounds of bad faith of the Flower Thrower by Banksy, the most enigmatic of street artists. As a result, registration of the trademark in question was considered inconsistent with honest practices and therefore, filed in bad faith. Cintia Bernhardt.
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.
Intellectual Property (IP) has been gaining prominence around the world. The major impact that IP is making in the market is unfathomable. Probably with the large trend of IP awareness the companies are becoming more and more diligent in strictly making safeguarding their IP to the fullest. Basics of IP Audit.
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.
Last week, we had some interesting discussions on the blog and saw some important IP development across the courts. The Delhi High Court also passed an important order refusing to set aside the order from the Protection of Plant Varieties and Farmers Right Authority, revoking the registration of Pepsico’s FL 2027 potato variety.
For clarity, it is important to know that Rule 9 of the MP Foreign Liquor Rules focuses on the registration of labels. This signals a concerning shift where authorities not traditionally empowered to handle IP-related issues are being forced into this domain.
Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Other IP Developments India tops ANDA approval list but ranks low on US Chamber of Commerce’s IP index. Especially from other High Courts?
In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.
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.
Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Read more on this!
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.
Court refused the registration for Philips Co. vs. Mehtab Ahmed 99 (2002) DLT 678 Where court observed that the nature of the goods is identical, and it immensely affects the identifying value of the original owner’s mark. c ) The registered trademark has a reputation in India which will be negatively affected. ( In ITC Limited v.
The Strategy reflects Egypt’s renewed interest in the field of IP, which can play a vital role in boosting the economy, encouraging investment, and achieving sustainability in line with the WIPO Development Agenda , the UN’s Sustainable Development Goals and Egypt’s Vision 2030. . Governance of the IP Institutional Structure.
And in the case of the trademark registered under classes, the plaintiff has never filed any documents proving that they deal with the food products and such registrations are liable for cancellation for non-usage. The fourth schedule to Trade Marks Rules, 2002 – [link]. REFERENCES. Trade Marks Act, 1999 – [link].
Keep up with the ever changing world of IP with SpicyIPs Weekly Review! There is no registration fee for any of the seminars. Though he applied in 1992, registration was granted only in 2020. Later, he discovered the trademark had expired since 2002 without prior notice, violating Rule 58(3) of the Trade Marks Rules, 2017.
Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime. Specific IP statutes such as the Trade Marks Act, 1999 and the Copyright Act, 1957 provide guidance on the matter. appeared first on Intepat IP. Under this Act, Sec.
Plaintiffs submitted to the court that on 19 th September 2020, Parle had applied for the registration of the trademark, “Be the Fizz! The said application being presently pending, having been opposed by PepsiCo, Parle could not infringe on the trademark registration in the name of PepsiCo. For the Bold!” 7170/2021 & I.A.
This finding is almost the entirety of the ratio for cancelling Pepsico’s registration, and goes to the extent of questioning as how a sophisticated corporate having over a century’s experience in protecting IP rights, could have failed on such account.
iii] [Image Sources : Shutterstock] As a result, a corporation is globally recognized when it has met the registration criteria in its State of incorporation. Anupreet Kaur, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing. vi] Ebke (2002) op.cit., Author: MS.
This regulation provides the responsibility of the manufacturer, and as per this regulation, product registration is not necessary. In Europe, the Nutraceutical sector is regulated by the European Food and Safety Authority (EFSA), and the regulations of the nutraceutical sector come under Directive 2002/46/EC.
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.
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.
Yet, the 2 nd Board of Appeal of the European Union Intellectual Property Office held otherwise in a recent decision ( Case R32/2022-2 ) that refused registration of the Saddle shape in relation to “ Bags, handbags, pouches (leather goods), travel kits (leather goods), toiletry and make-up cases (empty) ”.
He shares a keen interest in developments concerning IP Law.] Here are the quick summaries of the 5 posts, 16 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Adding to this, the court recently set aside three such orders from the IP Offices in one day!
In the Saudi Arabia, trademarks are governed by the Trademarks Regulation, Royal Decree No M/21 of 28 Jumada Awal 1423 Hejra (corresponding to 8 August 2002), and its Implementing Rules of the same year. Documents required for registration. Final Registration bill. Post which the trademark certification will be issued.
Here is our recap of last week’s top IP developments. Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant.
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].
Businesses are turning towards their intangible assets, specifically their IP to finance their growth and further innovation. Pledging IP as collateral in a loan agreement is one of the many ways of IP-backed financing. Treasury and the UAW Retiree Medical Benefits Trust have also advanced IP backed loans.
In order to demarcate both IP rights, Art. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. (2) Designs are meant to protect the appearance of a product or a part thereof. Patents protect technical innovations.
7] WIPO Treaties ‘The WIPO Copyright Treaty’ and the “WIPO Performances and Phonograms Treaty” became effective in 2002, [8] marking a notable milestone in enhancing copyright and related rights protection globally, showcasing substantial advancements and international collaboration.
It focuses on the similarities and dissimilarities of different aspects of intellectual property (IP) law in China and how they interact with each other. It is worth noting that there is no clear border between different types of IP rights. Protection of 2D Designs. Protection of 3D Designs. Trademark (symbols, designs).
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.,
” 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.
The IPKat has received and is pleased to host the following guest contribution by Kimberley Evans (Pearce IP) regarding a recent Australian decision concerning inter alia the honest concurrent use and own name defences under Australian trade mark law.
The detailed verdict, heavily punctuated with takeaways for IP observers and fashion enthusiasts alike, is one of the very few final judgements on trademark law passed this year. This case should be a wake-up call for the judiciary to prioritise swift resolutions, especially in IP matters where the market moves much faster than the courts.
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