2005, Marketing and Ownership - Intellectual Property Pulse

Journey Through “Julys” on SpicyIP (2005 – Present)

SpicyIP

AUGUST 3, 2023

Now, once more, guided by Sankofa sense, I set out to sift through the SpicyIP pages, starting from 2005 and journeying through the “Julys” of years past, to see what we have got or lost over the years. At the same time, South Africa also rolled a similar “Bayh Dole” ball.

Registration

Registration IP Copyright Blogging

Legal Procedures on Selling Heirs’ Inherited Property in the UAE

LexBlog IP

AUGUST 28, 2023

28/2005 on Personal Status (known as the Personal Status Law), which adheres to Sharia law principles. 28/2005 on Personal Status Law, Muslim individuals can draft a will to bequeath up to one-third of their estate to specific beneficiaries of their choice. The sale can occur at market value or through auction. Dubai Decree No.

Government

Government Ownership Law Settlement

Not Invincible: A Cautionary Tale for Creators

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

Ownership

Ownership Television Copyright Copyright Notice

Validity and Applicability of Nunc Pro Tunc Agreements in Transferring Intellectual Property Rights: A Comparative Analysis of India and the US.

Intepat

OCTOBER 23, 2024

To expedite market entry and avoid delays in formalizing an assignment or license agreement, parties sometimes rely on verbal agreements, which are considered valid under Indian Contract Law. Union of India, the question of validity of an assignment deed executed in 2009 and effective in 2005 was brought before the court.

Intellectual Property

Intellectual Property Trademark Intellectual Property Law IP

Protecting Product and Packaging Designs in China Part I – Trademarks

LexBlog IP

MAY 3, 2022

Back in 2005, the People’s Supreme Court (“SPC”) ruled in favor of Ferrero in the “Ferrero SPA v. 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. The most famous 3D mark in China is Ferrero S.PA.’s

Design

Design Designs Trademark Intellectual Property

“Right to Access a Public Record” vs “Right to not Communicate the Work”: Where is Public Interest?”

SpicyIP

JULY 5, 2021

In Rajeev Kumar vs Jamia Millia Islamia (12th April 2021), an extremely interesting tussle was seen with the copyright over a thesis being pitted against a person’s right to obtain information under the Right to Information Act, 2005. JMI’s research policy, IPR Policy, and ordinance are silent on the ownership of Copyright in the thesis.

Patent Application

Patent Application Invention Confidentiality Copyright Law

Sony 'Vita' mark loses out in genuine use revocation proceedings before EU General Court

The IPKat

SEPTEMBER 24, 2021

Background In July 2001, an EU trade mark application was filed for the word sign ‘Vita’ for certain Class 9 goods, and later registered in September 2005. Ownership of the registration was subsequently transferred to Sony Computer Entertainment Europe Ltd (the predecessor to Sony Interactive Entertainment Europe Ltd, ‘the applicant’).

Marketing

Marketing Marketing Ownership Advertising

Johnson & Johnson’s “Non-Enforcement” of Bedaquiline Patents: What has Actually been Gained?

SpicyIP

NOVEMBER 9, 2023

Regardless of who invested how much, Janssen does have ownership over at least 5 patents, as mentioned above, and this is what we look at below. This patent (corresponding Indian application number: 220/DELNP/2005 ) has already expired in the ‘market’ with the most number of patients, i.e. India. Fn 12 of the same paper).

Patent

Patent Reporting Government Ownership

SpicyIP Weekly Review (January 22- January 28)

SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Other Posts Journey Through “Decembers” on SpicyIP (2005 – Present) Image from here Sit back, relax, and sift through the pages of December’s posts on SpicyIP this weekend!

Music

Music Intellectual Property Copyright IP

timeshare exit ads could proximately cause harm even w/o telling people to stop paying

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. Certain recipients may have the opportunity to recoup a portion of their investment into ownership. One defendant was a law firm. Restrictions will apply.

False Advertising

False Advertising Advertising Advertising Contracts

Precedential No. 21: TTAB Upholds Fraud Claim Against Distributor of Massage Chairs Who Registered Manufacturer's Mark FUJIIRYOKI

The TTABlog

AUGUST 2, 2021

The Board found that Shen knew he was not the owner of the mark, that his false statement of ownership was material to the registration, and that he intended to deceive the USPTO. The false statement of ownership was a material misrepresentation because an application filed by someone who is not the owner is void. Cancellation No.

Registration

Registration Ownership Licensing Trademark

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I

SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. It further recommends making available these patents to farmers at a subsidized rate and charging market value for private players.

Reporting

Reporting Patent Law Law Patent

Protecting Indigenous Traditional Knowledge Using An Approach Based On Holistic Principle

IP and Legal Filings

MARCH 14, 2023

x] It is challenging to accurately identify and follow the knowledge holders [xi] , partly because complex group ownership. A “community rights regime,” in which Indigenous Peoples possess ownership rights to TK instead of a small number of capitalist proprietors [xvi] , is one concept. ix] Ibid. [x]

Intellectual Property

Intellectual Property Journalism Ownership Higher Education

Intellectual Property Tools for Protecting Fashion Goods

LexBlog IP

JULY 5, 2022

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property

Intellectual Property Design Patent Designs Design

Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

JULY 5, 2022

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property

Intellectual Property Design Patent Designs Design

The Metaverse And Legal Frameworks Surrounding It

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. Similarly, in 2005, Japanese police arrested a Chinese exchange student over stealing virtual property in Lineage, an MMORPG game. Conclusion .

Contracts

Contracts Law Technology Privacy

IP as Collateral

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A third-party is engaged to assess factors like product demand, market condition, and potential patent infringement. The agreement lays down conditions for patent ownership in the event of default.

IP

IP Intellectual Property Business Brands

Intellectual Property Pulse

Journey Through “Julys” on SpicyIP (2005 – Present)

Legal Procedures on Selling Heirs’ Inherited Property in the UAE

Trending Sources

Not Invincible: A Cautionary Tale for Creators

Validity and Applicability of Nunc Pro Tunc Agreements in Transferring Intellectual Property Rights: A Comparative Analysis of India and the US.

Protecting Product and Packaging Designs in China Part I – Trademarks

“Right to Access a Public Record” vs “Right to not Communicate the Work”: Where is Public Interest?”

Sony 'Vita' mark loses out in genuine use revocation proceedings before EU General Court

Johnson & Johnson’s “Non-Enforcement” of Bedaquiline Patents: What has Actually been Gained?

SpicyIP Weekly Review (January 22- January 28)

timeshare exit ads could proximately cause harm even w/o telling people to stop paying

Precedential No. 21: TTAB Upholds Fraud Claim Against Distributor of Massage Chairs Who Registered Manufacturer's Mark FUJIIRYOKI

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I

Protecting Indigenous Traditional Knowledge Using An Approach Based On Holistic Principle

Intellectual Property Tools for Protecting Fashion Goods

Intellectual Property Tools for Protecting Fashion Goods

The Metaverse And Legal Frameworks Surrounding It

IP as Collateral

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