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HOW INTELLECTUAL PROPERTY LAW CAN SOLVE LITIGATION SURROUNDING THE HATCH-WAXMAN ACT BROUGHT BY THE COURT’S DECISION IN BRAEBURN V. FOOD & DRUG ADMINISTRATION

JIPL Online

Intellectual Property Law: Cases & Materials 124 (5th ed. 314.50 (2011). [xix] Joseph Scott Miller et al., xx] Braeburn , 389 F.Supp.3d 3d 1, 23 (2019). xxi] Stakleff , supra note xi ii. xxiii] 35 U.S.C. 102 (2012). xxiv] Brenner v. Manson, 383 U.S. 519 (1966). xxvi] 21 C.F.R.

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Comprehending Broadcasting Contracts and Intellectual Property Law at Crossroads

IIPRD

Currently, the only way legal enforcement can be done for broadcasting agreements is the common law including contract law, intellectual property law, arbitration, and competition law. & Intell., HarperCollins Publishers India Pvt. 2023 SCC OnLine Del 3046. [7]

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AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

While the US laws are broader when it comes to fair use, the Indian approach is much narrower and restricted and can be only used for particular purposes, like for instance, private use, research, criticism, or reporting. BD Bhandari, 2011 SCC OnLine Del 3216. According to University of Cambridge v. Google, Inc., 3d 202 (2d Cir.

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Ulm University v. Asst. Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office

SpicyIP

645/CHENP/2011 filed on 31.01.2011) concerning use of Opioids or Opioid Mimetics for the Treatment of Resistant Cancer Patients. The above patent application was filed in 2011. Note that the Indian Patent Law grants 20 years exclusive period from the date of filing of patent application (Section 53).

Design 103
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Book Release: The Finished Article: Essays on Indian Designs Law

SpicyIP

Eashan writes about Indian intellectual property law on his Medium page. The Finished Article: Essays on Indian Designs Law. He has written several guest posts for us in the past as well, searchable here.

Design 133
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Who’s Got The Case? Unfair Competition Suit Between Catalyst Medium Four Inc. (Smartish) and Scooch, LLC

Indiana Intellectual Property Law

According to the Complaint, Smartish, based in Austin, Texas , has been designing and selling mobile phone cases since 2011. The lawsuit argues that Scooch is trying to take advantage of Smartish’s years of innovation and marketing efforts by selling cases with similar designs and packaging.

Design 52
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Can Braille Be Registered As a Trademark?

IP and Legal Filings

See Vatsala Sahay, Conventionalising non-traditional Trademarks of Sounds and Scents: A Cross-Jurisdictional Study , 6 NALSAR Stud L Rev 128, 128 (2011); Majumdar, Arka, Subhojit Sadhu & Sunandan Majumdar, The Requirement of Graphical Representability for non-traditional Trade Marks , 11(5) JIPR 313, 313 (2006); Kuruvila M.