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Is Mickey Mouse in the Public Domain?

The IPKat

On 1st January every year we celebrate the array of works entering the public domain, as their copyright term expires. This year, entering the public domain [generally speaking] are copyright protected works created by people who died in 1953, for countries with a copyright term of life plus 70 years (e.g.,

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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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Understanding Freedom to Operate (FTO) Concerning IP & Patents

Kashishipr

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

IP 105
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New SPC referral to the CJEU on the interpretation of Art 3(a) and (c) for combination products (Merck v Clonmel)

The IPKat

Ezetimibe was originally marketed as a monotherapy, EZETROL, and an Irish SPC (SPC 2003/014) was granted for EZETROL following its approval. The patent on which the INEGY SPC was based ( EP(IE) 0720599 ) related to ezetimibe, and mentioned that ezetimibe may be administered in combination with a list of known statins, including simvastatin.

Art 119
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Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place

SpicyIP

Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a fresh set of amendments which, if accepted, can change the Indian Patent landscape substantially. from Jindal Global Law School, Sonipat.]

Patent 105
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Section 22 Vs Section 26 And Section 27: The Contrasting Sections Of Copyright Law

IP and Legal Filings

, “Does the author of any such work loses every right in terms of Copyright after the expiration of the time period mentioned under Section(s) 22, 26 and 27 and have no recourse to the same since the works are in public domain thereafter?”. In case of patents, it is understandable to grant such patent only for 20 years.

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IP as a political instrument in Russia

The IPKat

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

IP 133