Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. How do I get a Copyright? Utility Patents.

Intellectual Property 52

Intellectual Property IP Invention Design 52

SpicyIP

MARCH 11, 2024

The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment.

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

APRIL 19, 2023

Furthermore, understanding Amazon’s IP enforcement tools permits sellers to efficiently combat infringing competitor listings, often without entering expensive and time-consuming formal court proceedings. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IIPRD

OCTOBER 17, 2022

Liden Research filed an appeal in which the court terminated the account of Minskey on the ground of trademark infringement. Copyright Infringement. Copyright is a legal right of the owner of intellectual property. Metaverse is based on various patentable technical infrastructures, including AR, VR, cloud computing, etc.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

SpicyIP

MARCH 6, 2023

Sapna Nangia vs The Assistant Controller Of Patents and Designs on 22 February, 2023 (Delhi High Court) The appellant approached the court against the impugned order by the respondent rejecting its patent application without considering its submissions.

Design 96

Design Designs Music IP 96

SpicyIP

NOVEMBER 26, 2023

Google Llc vs The Controller Of Patents on 22 November, 2023 (Delhi High Court) An appeal was filed against the impugned order rejecting the appellant’s patent application on the ground of lack of novelty and inventive step.

Trademark 59

Trademark Registration Invention Social Media 59

43(B)log

APRIL 29, 2024

17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Kitchen Cube filed a patent application for the Cube. After dealing with jurisdiction/proof of service, the court dismissed the copyright infringement claim because no registration had yet been received.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same.

Trademark 90

Trademark Patent Copyright Design 90

SpicyIP

MARCH 25, 2024

The Controller Of Patents on 15 March 2024 (Delhi High Court ) The appeal challenged the order rejecting the Appellants’ patent application under Section 15 of the Patent Act, 1970, for lack of novelty and inventive steps compared to prior art. Baxalta Incorporated v. Entertainment Inc. &

Trademark 52

Trademark Patent Copyright Confidentiality 52

SpicyIP

JULY 31, 2023

Emphasizing the need to consider submissions of the applicants, the Delhi High Court sets aside the impugned order rejecting the patent application. The application was rejected under sections 2(1)(ja) and 3(d) of the Patents Act, citing 3 prior art documents.

Design 96

Design Designs Invention Intellectual Property 96

SpicyIP

JULY 23, 2023

The court further held that the plaintiff’s product is inventive over the cited prior art. Finding a prima facie case of infringement the court passed an interim injunction order and directed the defendant to deposit a sum of Rs. million in damages to Constellation Designs LLC for infringing its patents in NextGenTV.

Trademark 86

Trademark IP Higher Education Moral Rights 86

SpicyIP

JULY 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). and European patent was granted to the appellant. This and much more in this SpicyIP Weekly Review.

Invention 67

Invention Trademark Design Designs 67

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1]

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

SpicyIP

MARCH 27, 2023

Case: Biomoneta Research Vs Controller General of Patents Designs on 13 March 2023 (Delhi High Court) The matter pertained to an appeal against the order of the controller rejecting a patent application for ‘Air Decontamination Assembly’. to hold that the subject invention is not a mere combination but is an inventive step.

Design 93

Design Designs Cease and Desist Art 93

SpicyIP

MAY 20, 2024

Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license. Intergrow Brands Pvt. Alimentary Health Ltd. v Cipla Ltd.,

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

JANUARY 23, 2023

The Appellant had alleged that despite filing detailed written submissions addressing the objection against the patentability of the invention under Section 2(1)(j) as raised in the examination report, the Respondent issued a cryptic order rejecting the patent application. percent were blocked for copyright infringement.

Design 103

Design Designs Invention Registration 103

SpicyIP

MAY 6, 2024

Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. UPL Limited vs The Controller Of Patents Designs And Trademarks on 30 April, 2024 (Calcutta High Court) Image from here The present dispute is an appeal challenging the order of Joint Controller, dated July 31, 2023, refusing patent application of the appellant.

Trademark 59

Trademark Invention Licensing Patent 59

SpicyIP

MAY 28, 2023

vs The Controller of Patents and Designs & Anr. on 19 May, 2023 (Calcutta High Court) The appellant applied for grant of patent for an invention which provides for a treatment method for black sigatoka, a leaf-spot disease in banana plants. sues BCCI, GCA and Gujarat Titans for copyright infringement.

Invention 93

Invention Trademark Copyright IP 93

SpicyIP

NOVEMBER 13, 2023

3 Landscape on Patenting Biotechnology Inventions in India How does Section 3 of the Indian Patent Act interact with biotech inventions? And how far does the court’s interpretation of these provisions apply to such inventions? India’s patent applications jump by 31.6% – WIPO IP Indicator 2023.

IP 59

IP Trademark Copyright Registration 59

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Obviously, these examiners also need to be given adequate time to scrutinize the ever-increasing number of new patent applications per year thoroughly.

Blogging 59

Blogging Law IP Copyright 59

SpicyIP

OCTOBER 16, 2023

The Controller of Patents and referred the following 2 two questions to the division bench- 1) Does the requirement of parent application to contain plurality of inventions without any objections by the Controller, necessary?; International IP News Apple settles $1 billion patent lawsuit with Caltech.

Due Diligence 59

Due Diligence Invention IP Copyright 59

SpicyIP

AUGUST 12, 2024

And The Covaxin Patent Saga Continues: BBIL Changes the Patent Application Again After the furor around the missing mention of ICMR in the Covaxin patent application, Bharat Biotech has made two important changes to their application, coincidentally before the Health Minister’s speech in Parliament.

Trademark 89

Trademark Personality Rights Registration Business 89

SpicyIP

DECEMBER 30, 2023

Delhi High Court] On August 9, the Delhi High Court devised a judicial mechanism to combat novel ways of copyright infringement and issued the first-ever Dynamic+ injunction in favour of Universal City Studios LLC., Universal City Studios LLC and Ors v. DotMovies.Baby and Ors. Warner Bros. Entertainment Inc.,

IP 116

IP Copyright Trademark Intellectual Property 116

The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement.

Litigation 143

Litigation Copying Copyright Design 143

SpicyIP

SEPTEMBER 11, 2023

Controller of Patents on 4 September, 2023 (Delhi High Court) Image from here An appeal was filed u/s 117A of Patents Act, related to a “crystalline form of nicotinamide riboside” along with the method of preparing such crystalline form II of “nicotinamide riboside chloride” for their use in pharmaceutical compositions.

Registration 94

Registration Trademark Copyright IP 94

SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. Not re-examining the re-fled application. Other D evelopments Image from here Supreme Court disposes petition on copyright issues arising out of live streaming court proceedings.

Advertising 97

Advertising Advertising Confidentiality Trademark 97

SpicyIP

AUGUST 14, 2023

Case: Dow Agrosciences LLC vs The Controller of Patents on 7 August 2023 (Delhi High Court) The petitioner filed an appeal against the impugned order rejecting its patent application for Stabilized Agricultural Oil Dispersions. There were various reasons for refusing the application including lack of inventive step.

Trademark 84

Trademark Registration Art Reporting 84

LexBlog IP

AUGUST 30, 2022

Namely, in Thaler a “creativity machine” (a type of Artificial Intelligence (AI)) output and allegedly conceived the subject matter of a patent application allegedly without human involvement. In both cases, a type of “machine” was used to produce an output. ” 35 U.S.C. § Thaler at 10.

Technology 52

Technology Inventor Invention Copyright 52

SpicyIP

AUGUST 18, 2024

The Controller Of Patents And Design In an important development, the DHC recently clarified that the non-appearance of an applicant does not justify the Controller in deeming their patent application as abandoned. Other IP Developments Lacoste wins 23 old trademark infringement case.

Registering Trademarks 87

Registering Trademarks Trademark Cease and Desist Copyright 87