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Examining Oppositions: Time for a Deeper Look

SpicyIP

The Comparative Analysis section almost exclusively focuses on patent practices of developed countries. Such oppositions also result in IPO refusing applications (on patentability grounds) even when the Opponent has not appeared, e.g. the IPO’s Jan 2023 decision for 3596/CHE/2012 where Ms. Sonal had filed a pre-grant opposition.

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Traditional Knowledge and Trade Secrets

IP and Legal Filings

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Perpetual ownership: Patent and copyright both have a limited period of protection, after which the traditional knowledge falls into the public domain.

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Competition Law: The Patent Pendulum

Intepat

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 Supreme Court in Eldred v. An example of this is the case of FTC v.

Law 52
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Intellectual Property Rights and Competition Law in the UAE

IP and Legal Filings

billion fine issued by the European Commission and considering the lack of a consolidated competition law in the UAE, businesses here may have been excused for being tempted to focus only on their competitive activities related to operations in Europe. However, with the publication on 23 October 2012 of UAE Federal Law No.

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Patentability Search of Software in India

IP and Legal Filings

Hence, the software has to be a new invention to be patentable. The question of whether particular software is patentable or not as held in the case of Bishwanath Prasad Radhey Shyam v. Should you go for Patents or Copyrights? It is rare to see a product which is not based on a computer program.”.

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