The IPKat

APRIL 30, 2024

The clash between artistic value and substantive value refers specifically to trademark and copyright cumulation and, according to the Italian Supreme Court, would make the shape mark unregistrable. At the conclusion of the session, one cannot help but wonder: What might an EU-wide copyright title look like?

Reporting 60

Reporting Copyright Public Domain Law 60

The IPKat

JULY 17, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem. Is the national anthem in the public domain?

Copyright 116

Copyright Public Domain Government Ownership 116

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. Eligibility Criteria for Trade Secret Protection.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Academic researchers play an important role, as most of the time, they are concerned about publication, not patents.

Art 52

Art Patent Public Domain Invention 52

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. The Court held that “origin” in the Lanham Act refers only to the source of the physical products sold in the marketplace, not to the creator of the underlying creative content.

False Advertising 115

False Advertising Advertising Advertising Patent 115

The IPKat

NOVEMBER 22, 2022

Thus, the owner of a canvas, in general, cannot make reproductions of the work it contains and distribute these copies or make them available on the Internet, unless such work is in the public domain or is subject to any limitation or exception to the rights of its author [see IPKat here ].

Artistic Work 144

Artistic Work Artwork Public Domain Art 144

Patently-O

FEBRUARY 5, 2024

Constitution and the Patent Act prohibit design patents on ordinary innovations.” Justice Douglas goes on: It is worth emphasis that every patent case involving validity presents a question which requires reference to a standard written into the Constitution. Although case applied pre-1952 law, the reminder here is poignant.

Law 45

Law Public Domain Design Patent Invention 45

The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours. Figure 1: Get your paws on this new book y'all!

Trademark 56

Trademark Public Domain Copyright Cease and Desist 56

The IPKat

NOVEMBER 30, 2021

Kat friend, Becky Knott, promises that she doesn’t just write about alcohol, see here , but a recent decision involving the Protected Designation of Origin for ‘Porto’ caught her eye (palate?). 2017/1001 (which the GC later said must be understood to refer to Article 8(4a) of Regulation No. 1308/2013 (see here for the Regulation).

Public Domain 117

Public Domain Design Designs Registration 117

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Unauthorized use of a work protected by copyright is referred to as copyright infringement. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use. Avoid access to prior design work. What is copyright infringement?

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

SpicyIP

APRIL 29, 2023

Companies are therefore required to take extreme caution while sharing technical know-how, confidential information, designs, concepts, innovative formulas, business strategies, drawings etc. This follows from the Bombay High Court’s reference to Zee Telefilms Ltd. Sundial Communications Pvt. and Ors. , Ketan Mehta and Ors.

Confidentiality 124

Confidentiality Contracts Public Domain Marketing 124

Velocity of Content

JUNE 8, 2022

Barrie conceives of the character and refers to him in newly-written poems. The dust jacket text refers to the centenary of the novel’s initial publication and the fact that the rightsholder – Great Ormond’s — opted to mark this occasion by authorizing this work, promoting it as “the first ever authorized sequel to J.M.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

SpicyIP

OCTOBER 23, 2024

For convenience, the term “IPD” will be used henceforth to refer to both) Almost immediately we jump into the Rules directing the appointment, regulation and consideration of “ Independent Experts ” (IE) in Rule 22. (Although several provisions only mention ‘IPRD’, Rule 14 confirms the applicability to both IPRD and IPRAD for Rules 15-30.

Intellectual Property 113

Intellectual Property IP Confidentiality Copying 113

The IPKat

JANUARY 25, 2022

EU Designation of International Registration No. 922784 for the 3D mark below covering goods and services in Classes 12, 14, 16, 18, 20, 21, 25, 28, 30, 35, and 37: Volkswagen submitted that its marks enjoy a high degree of recognition within the relevant public in connection with, at least, vehicles in Class 12.

Public Domain 131

Public Domain Registration Licensing Publishing 131

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. Before the 2021 amendment, such use was allowed only for reasons of public defense and security.

IP 131

IP Brands Branding Branding 131

Biswajit Sarkar Copyright Blog

AUGUST 12, 2022

However, in the Intellectual Property policy framework, traditional knowledge refers to the knowledge related to medical, environmental and biological resources. This refers to the identification, documentation, transmission, revitalization and promotion of cultural heritage. Consequently, it has asked Shein to explain the use.

Intellectual Property 52

Intellectual Property Public Domain Music IP 52

SpicyIP

AUGUST 29, 2024

Moreover, they forgot to even refer to the current judicial understanding of Section 52(1)(za)!!! They highlighted that while Section 60 was designed to protect a person from wrongful threats, it does not have the same footing as that of a suit alleging infringement. It’s a clear case of failing to do proper due diligence!

Due Diligence 88

Due Diligence Copyright Copyright Infringement Government 88

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? In what follows, Rahul Bajaj sets out the key arguments of the parties and the holding of the court, along with his analysis of the judgment.

Advertising 101

Advertising Advertising Confidentiality Trademark 101

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 60

Copyright Moral Rights Government Public Domain 60

Greenspoon Marder LLP

SEPTEMBER 18, 2018

Certain marks may once have been legally protected trademarks that subsequently lost their protection as trademarks because the marks entered the public domain by becoming generic terms through public usage.

Public Domain 52

Public Domain Brands Branding Branding 52

The IPKat

NOVEMBER 9, 2021

Birkenstock's claim that it had designed the pattern and it had been the first on the market to use that design, was considered by the court to as insufficient to consider that the pattern itself also significantly different from other patterns in the shoe and clothing sector. Universal Public Domain Dedication license.

Public Domain 84

Public Domain Licensing Intellectual Property Designs 84

IP and Legal Filings

JANUARY 29, 2024

An indication becomes generic when it returns to the public domain and is no longer protected in its country of origin or has ceased to be used there. References Gautami Govindarajan & Madhav Kapoor, Why The Protection of Geographical Indications In India Needs An Overhaul, Volume-VIII-Issue-I-39-65, NLR, 2019.

Registration 98

Registration Blogging Design Designs 98

Kluwer Copyright Blog

FEBRUARY 8, 2023

Better Regulation The EU has committed itself to designing policies and laws with a greater level of transparency and evidence , backed up with the views of citizens and stakeholders. In achieving this balance, the EU legislator resorts to several tools: the Better Regulation Agenda , the subsidiarity and the proportionality principles.

Marketing 107

Marketing Marketing Copyright Copyright Law 107

The IPKat

SEPTEMBER 4, 2024

Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. Furthermore, AGA also discussed a possible copyright infringement in its design. 3(1)(g) TMD2 to the CJEU. Alessandro Cerri analysed a recent decision ([2024] EWHC 1727 (IPEC)) on exhaustion of trade marks.

Personality Rights 56

Personality Rights IP Copyright Art 56

IP and Legal Filings

SEPTEMBER 12, 2022

Subject matter of a copyright is covered under section 13 of the Copyrights Act 1957 (hereby referred to as the Act) which subsists of the following: Literary Work. The issue of copyrightable material for modern art that is object-based or based on a design still exists, though. Copyrighting Art. Subject Matter of Work. Conclusion.

Art 52

Art Copyright Artistic Work Public Domain 52

IP and Legal Filings

OCTOBER 4, 2022

Design rights are registered with the IPPD. Unregistered design rights are not recognised (although in some instances, copyright may apply). There are specific know-how provisions in the Patent and Design Law (Section 5, Federal Law No. The term of protection is ten years. The UAE is a member of the Paris Convention.

Intellectual Property 52

Intellectual Property Law Business Designs 52

Intepat

SEPTEMBER 15, 2023

Copyright laws are designed to safeguard the rights of creators. The Creator’s Conundrum: Defining Authorship in the Age of AI The emergence of AI-generated art introduces a fascinating paradox, commonly referred to as “The Creator’s Conundrum.”

Art 105

Art Copyright Ownership Non-Fungible Tokens 105

Greenspoon Marder LLP

MARCH 27, 2018

Over the past few years, graffiti artists, also referred to as street artists, have started filing copyright lawsuits over the alleged improper and unauthorized use of their work. A well-known street artist known as Rime has filed lawsuits against prominent designers Vince Camuto and Moschino, both which ended in settlements.

Copyright Infringement 52

Copyright Infringement Copyright Settlement Advertising 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. INTRODUCTION. Image Source: iStock]. But then why are colour marks controversial?

Trademark 52

Trademark Brands Branding Branding 52

IP and Legal Filings

AUGUST 8, 2024

Rule 13 (Sub-rule 2A) [12] – The number of the original application they are derived from must specifically reference by the divisional applications. The qualifying exam is consist of these 3 sections that follows – EXAM I – Patent Act, 1970, Design Act, 2000, Patent Rules, 2003, Designs Rule, 2001.

Patent 85

Patent Invention Inventor Patent Application 85

IIPRD

MAY 4, 2023

To qualify as a patentable invention, the invention: must not be in the public domain or have been published or used previously; must not be obvious and must involve a technical advancement; and must be capable of being implemented commercially. Medical devices are patentable in India with certain caveats.

Intellectual Property 52

Intellectual Property Invention Public Domain Patent 52

SpicyIP

SEPTEMBER 15, 2023

There are other proposed changes as well like the introduction of an omnibus extension for all the deadlines upon payment of fees (many discussed in Sabeeh’s post here ), change in the syllabus for the Patent Agent Exam to include Designs Act and Rules, however, we will not be discussing these for the purpose of this post.

Patent 103

Patent Invention Patent Application Public Domain 103

Velocity of Content

JULY 8, 2021

Public Domain work. Section 1201 provides a set of rules collectively referred to as “anti-circumvention”, which might be thought of as addressing the propensity of users to break open the ‘digital locks ’ that you may have placed on your super-valuable content. Image Attribution: John Tenniel (1865).

Copyright 81

Copyright Blogging Intellectual Property Registration 81

SpicyIP

NOVEMBER 16, 2023

Interestingly, the court did not expressly rule on the question of can copyright be claimed over a GUI as a whole and rather simply referred to the US case Apple Tech v. Protection of GUIs have often been discussed in the context of Designs and a Calcutta High Court judgement in Ust Global (Singapore) Pte Ltd v.

Copyright 59

Copyright Marketing Marketing Copying 59

LexBlog IP

SEPTEMBER 29, 2021

In August 2011, the plaintiff, an English data center design company, drafted an NDA in connection with negotiations over its potential sale to a competitor. The recent decision in Bladeroom demonstrates what can happen when the drafter of an NDA tries to have it both ways. Ninth Circuit’s Decision in Bladeroom.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

IP and Legal Filings

SEPTEMBER 13, 2022

In other words, a patentability search is a process of identifying the same or similar inventions with reference to the invention in the question of a patentability search. Assistant Controller of Patents and Designs [2012 SCC OnLine IPAB 192 : [2012] IPAB 191] is a great example of avoidance of Section 3(k) of the Patents Act of 1970.

Patent 52

Patent Invention Inventor Technology 52

The IPKat

APRIL 2, 2024

The EBA’s decision states that the two approaches give the same result and referred to various national cases. Ocado discovered that Autostore, the patentee, had disclosed designs for patented products to a potential customer before the priority date. Desserts 10.

Reporting 60

Reporting Patent Invention Litigation 60