SpicyIP

MARCH 12, 2024

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing a workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 26-30, 2024. The last date to apply for the workshop is March 24, 2024. There is no registration fee for this workshop.

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The IPKat

FEBRUARY 14, 2024

With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent applications for inventions based on genetic resources compares with the recent law reform efforts in Australia and India. This Kat is looking forward to seeing you in sunny Alicante!

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Editing Intellectual Property Copyright Patent Application 60

The IPKat

OCTOBER 31, 2023

Conferences, events & call for papers Design reform The 2023 UNION IP Autumn Round Table will be held on November 10 2023 in Amsterdam. The agenda includes a discussion of the long awaited revision of the Community Design Regulation and Directive and the possible implications of the revised legislation as it now stands.

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Intellectual Property Intellectual Property Law Journalism Registration 60

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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Trademark Registration Copyright Patent 59

U.S. Department of Commerce

JUNE 21, 2024

Commerce's USPTO Announces National Strategy to Empower Innovators and Entrepreneurs from All Communities June 21, 2024 KCPullen@doc.gov Fri, 06/21/2024 - 12:19 Intellectual property New plan to increase diversity and participation in STEM, inventorship, and innovation The Commerce Department’s U.S. of all inventors named on U.S.

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IP and Legal Filings

MARCH 19, 2024

ABSTTRACT The constraints placed on trademark registration, particularly concerning common English words by recent judicial review by Justice C. For infringement and unauthorized use of the brand acquiring trademark rights through registration and acquiring distinctiveness by extensive use provides legal recourse.

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Branding Brands Branding Intellectual Property 52

SpicyIP

JANUARY 1, 2024

The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? Controller of Patents declared that the subject invention had technical effects. Countering the Registry’s position that it is a mere external issue, the petitioners argued that statutory deadlines would be put at risk.

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Intellectual Property IP Licensing Copyright 89

SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., M/S Asm Traders & Ors on 18 March 2024 (Delhi High Court ) The case centers on trademark infringement and passing off allegations brought by the Plaintiffs against the Defendants. Baxalta Incorporated v.

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SpicyIP

NOVEMBER 26, 2023

Though the defendant’s mark was also registered, the court reiterated that the prior use of the mark has to be protected and the registration will not have any bearing. The respondent had rejected the application holding that the mark is devoid of distinctive character and is ineligible for registration under Section 9(1)(a) or 9(1)(b).

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LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors. The USPTO is seeking public feedback on the Guidance, which is due by May 13, 2024.

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SpicyIP

JULY 29, 2024

Highlights of the Week Gone Up In Smoke: Analysing the Controller’s Rejection of an E-cigarette Patent under Section 3(b) Image from here The DHC recently accepted an appeal against the IPO order rejecting an invention related to E-Cigarettes for being contrary to public order and morality. See below for the details. Glenmark Pharma Ltd.

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Invention Trademark Designs Design 63

SpicyIP

AUGUST 12, 2024

Taking a Look at Lupin’s Colour TM Application for its Inhalers Image from here On Lupin’s recent colour trademark registrations for its inhalers, Md Sabeeh Ahmad. Sabeeh highlights how these registration can extend Lupin’s monopoly and could affect million’s right to access these essential medicines. C2Sense, Inc v.

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Trademark Personality Rights Registration Business 84

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof. Read on to know more.

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Trademark Advertising Advertising Copyright 45

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Let us know your thoughts in the comments below!

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Invention Music Art Patent Application 98

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. The plaintiff also holds trademark registration for “Serpenti ” etc. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr.

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Trademark Invention Licensing Patent 59

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D.

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False Advertising Advertising Advertising Copyright Infringement 59

Patently-O

MAY 2, 2024

In this appeal, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining an opposition proceeding and refusing registration of the standard character mark #TODECACHO for hair combs. by Dennis Crouch Araujo v. Framboise Holdings Inc., 23-1142 (Fed. ” 341 F.2d 2d 127 (CCPA 1965).

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SpicyIP

FEBRUARY 26, 2024

Highlights of the Week ‘Non’-Pharmaceutical Substance and Efficacy under Sec 3(d) Image from here Can Section 3(d) be applied to a non pharmaceutical invention? Controller of Patents and Designs made some interesting observations on this issue. The MHC in Novozymes v. Case Summaries Clover Infotech Pvt Lt.

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Trademark Copyright Registration Designs 59

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. The Court directed the NBA to determine whether the invention relates to biological resource with a reasoned order.

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Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

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. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Latika Dawara, Asst.

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IP Copyright Trademark Intellectual Property 112