SpicyIP

MARCH 9, 2025

A quick glance at last week analysis of wrongful obtainment in the Indian patent landscape, discussing Delhi High Courts jurisdiction in ANI vs OpenAI, and the implications of a MoU between screen writers and music composers. There is no registration fee for any of the seminars. This and much more in this weeks SpicyIP Weekly Review.

Trademark 59

Trademark Patent Copyright Patent Application 59

SpicyIP

JULY 10, 2023

We also highlighted that the CGPDTM will recruit 553 Patent and Design Examiners with the help of an autonomous organization, the Quality Council of India. Case Summaries Delhi High Court refuses to grant an interim injunction against the alleged infringement of ‘Regorafenib’ patent Case: Bayer Healthcare v.

Registration 98

Registration Copyright Infringement Trademark Copyright 98

SpicyIP

DECEMBER 2, 2024

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. Anything we are missing out on?

Invention 52

Invention Trademark Reporting Editing 52

SpicyIP

MARCH 13, 2023

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. Microsoft v.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

IP and Legal Filings

AUGUST 11, 2023

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.

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

The IPKat

JANUARY 25, 2024

The GC recalled that “a design is declared invalid, in accordance with the provisions of Article 8 of Regulation No 6/2002, only in the case where all of its characteristics are excluded from protection. Comment The original patent on the Lego brick expired a long time ago. On 2 February 2010 Lego obtained RCD No.

Design 72

Design Designs Registration Intellectual Property 72

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. First Time Interpreting Patent Agent Privilege. David Vaver.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

SpicyIP

FEBRUARY 19, 2024

Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. The Controller of Patents. Anything we are missing out on? Sun Pharma Laboratories Ltd.

Invention 105

Invention Music Art Patent Application 105

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. There has to be a perfect balance between patents law and competition law to provide economically meaningful monopolies. [3] Which will result into innovation in dynamic competition.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

The IPKat

OCTOBER 19, 2022

At its core, the case relates to whether the right to file a patent application in the future is covered by the same provisions relating to the right to an existing patent or patent application. Trade Marks Many would consider the shape of Dior’s Saddle bag to be iconic.

Design 69

Design Designs Reporting Registration 69

The TTABlog

JUNE 12, 2024

In this opposition to registration of the mark MOUNTAIN GATEWAY COMMUNITY COLLEGE for educational services and various clothing items, Applicant Virginia Community College Systems moved for summary judgment, asserting that the Board lacked subject matter jurisdiction due to state sovereign immunity. Maritime Comm’n v. State Ports Auth.,

Registration 53

Registration Trademark Litigation Government 53

SpicyIP

DECEMBER 26, 2021

New varieties are subject to the requirement of “novelty”, and there being no sale prior to the application, which is quite similar to patent law. The order notes that the date in the application is stated to be 2002 in America, but 2009 in India.

Registration 122

Registration Patent Law Litigation IP 122

SpicyIP

AUGUST 30, 2024

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.

Trademark 105

Trademark Registration Intellectual Property Copying 105

LexBlog IP

JANUARY 18, 2023

In that case, San Antonio filed a proof of service in which it stated that it had served Jiaxing through the Director of the United States Patent and Trademark Office (USPTO). Pentapharm AG , 2002 WL 31749195, at *6 (N.D. Jiaxing Micarose Trade Co., 4 th 1136, 1138 (9 th Cir. to justify jurisdiction.

Trademark 52

Trademark Registration Design Designs 52

The IPKat

MARCH 14, 2023

Patents protect technical innovations. 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. 001344022-0006 for a packing device‘: It also holds European Patent No. In order to demarcate both IP rights, Art.

Design 86

Design Designs Art Registration 86

Garrigues Blog

APRIL 27, 2021

Indeed, the judgment addresses in particular, the link between a patent’s priority rights and its extension to the priority rights applicable to designs. The applicant argued that the priority was based on the filing date of an international patent application, which has a twelve-month priority period. What are the facts?

Design 52

Design Designs Patent Application Intellectual Property 52

IIPRD

JUNE 24, 2024

From patents to copyrights, Trade Marks to trade secrets, the Berne Convention to TRIPS, knowing these accords is critical for individuals, corporations, and policymakers navigating the complexity of ‘intellectual property’ protection in the twenty-first century. ‘The

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

SpicyIP

MAY 15, 2023

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! 50,000/- to be paid to YSL.

Trademark 104

Trademark Registration Cease and Desist IP 104

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The problem arises when the push and pull of competition law and patent law cause friction.

Law 52

Law Patent Settlement Inventor 52

The IPKat

MAY 2, 2023

Copyright The Court also established that Lidl’s mark was protected by copyright as an original artistic work under Section 4 of the Copyright, Designs and Patents Act 1988. Tesco also claimed that Lidl had applied to register the latter as a trade mark in bad faith.

Artistic Work 70

Artistic Work Registration Copyright Copyright Infringement 70

IP and Legal Filings

MAY 17, 2022

Previously, three governmental bodies had the authority to protect and enforce intellectual property 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.

Trademark 52

Trademark Registration Intellectual Property Trademark Law 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims.

IP 124

IP Copyright Trademark Intellectual Property 124

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Through mechanisms like patents, copyrights, and trademarks, the Intellectual Property Rights (IPR) framework ensures creator recognition and rewards while fostering an environment conducive to creativity and progress. The Patents Act of 1970 focuses on patents, granting exclusive rights to inventors for new inventions or processes.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Design Patent (overall design; partial claiming). Trademark.

Design 52

Design Designs Trademark Intellectual Property 52

Biswajit Sarkar Copyright Blog

FEBRUARY 16, 2022

For example, the USA had given patent turmeric to the University of Mississippi Medical Centre for the discovery of turmeric’s medicinal value in curing wounds. The Biodiversity Act, 2002. India has enacted the Biodiversity Act, 2002. The Act also provides for Compulsory Licensing in line with Section 84 of the Patent Act.

Intellectual Property 52

Intellectual Property Intellectual Property Law Licensing Registration 52

DuetsBlog

OCTOBER 21, 2020

The “SB” version (for s kate b oarding) was launched in 2002 and has appeared in countless collaborations, many of which are highly sought after among shoe collectors, a.k.a Registration No. Registration No. sneakerheads. 3711305 ). . Meanwhile, Ben and Jerry’s might be the most beloved premium ice cream on the market.

Brands 59

Brands Branding Branding Registration 59

IIPRD

SEPTEMBER 30, 2021

Effective and timely registration of IPs is now what the company strives for. In Europe, 36% of patents are not used. In 2002, Korea exported technology worth US$0.6 Since 2002 Korea has increased its R&D expenditure from 2.6% core technologies, which otherwise would have remained ([link]. of GDP in 1998 to 3.4%

IP 52

IP Licensing Intellectual Property Marketing 52

SpicyIP

OCTOBER 30, 2023

The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. A Brief About Olfactory Marks Sumitomo’s application is particularly interesting because this was the first olfactory trademark registration in the UK (see here ) and has since lapsed.

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

LexBlog IP

JUNE 10, 2022

Last week, Thaler sued the Copyright Office, alleging that the agency’s denial of his copyright registration is an arbitrary and capricious action and not in accordance with the law. From 2002 to 2018, annual AI patent applications increased from 30,000 to 60,000. You can find the complaint here.

Copyright 52

Copyright Copyright Law Law Intellectual Property 52

IP Intelligence

JUNE 10, 2022

Last week, Thaler sued the Copyright Office, alleging that the agency’s denial of his copyright registration is an arbitrary and capricious action and not in accordance with the law. From 2002 to 2018, annual AI patent applications increased from 30,000 to 60,000. You can find the complaint here.

Copyright 52

Copyright Copyright Law Law Intellectual Property 52

Canadian Intellectual Property Blog

OCTOBER 14, 2020

Patents in the cannabis industry can include novel or modified active ingredients, methods for the isolation of novel cannabinoids, novel formulations of active ingredients, genetically modified cells, and the use of compositions comprising cannabinoids for treatment. Canada (Commissioner of Patents), 2002 SCC 76. [3]

Intellectual Property 52

Intellectual Property Intellectual Property Law Design Designs 52

LexBlog IP

FEBRUARY 22, 2022

Great Management Group, LLC , a precedential decision, the Trademark Trial and Appeal Board (TTAB) held that recklessly false representations made during the course of the trademark application process satisfy the level of intent required to support a finding of fraud before the United States Patent and Trademark Office (USPTO). [1]

Registration 52

Registration Trademark Marketing Marketing 52

IP and Legal Filings

SEPTEMBER 16, 2021

While several countries have allowed the registration of smell marks, laws concerning the registration of smell marks are largely inchoate. Thus, Court decisions and the USPTO have time and again granted the registration of smell marks. This has led to several registrations of small marks in the UK as well.

Trademark Law 52

Trademark Law Trademark Law Registration 52

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

The IPKat

APRIL 26, 2023

4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). The German Patent Court’s approach The German Patent Court does not consider the ‘Date First Available’ on Amazon to be reliable. 7(1) Design Regulation ).

Design 60

Design Designs Art Intellectual Property 60

IIPRD

MARCH 17, 2023

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.

IP 52

IP Intellectual Property Marketing Marketing 52

Patently-O

OCTOBER 5, 2022

Eli Lilly and Novartis are in the midst of complex European patent and competition (antitrust) litigation regarding their competing monoclonal antibody drugs used to treat autoimmune symptoms such as psoriasis and arthritis. In each of these cases, Novartis is the plaintiff asserting patent infringement. of Toronto Innovations Found.,

Litigation 61

Litigation Patent Licensing Business 61