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Shamnad Basheer’s 46th birth anniversary today, we at SpicyIP are proud to announce the third edition of the Shamnad Basheer Essay Competition on IntellectualPropertyLaw. The third was an essay competition held by CREATe on the topic of how Artificial Intelligence would change the practice of intellectualpropertylaw.
AI and the Global IP System We need a worldwide intellectualproperty (IP) structure that encourages innovation and invention if we are to benefit from generative AI. The fast uptake of novel technologies such as generative AI necessitates an adaptation of the IP management systems.
Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by The IPKat here ) Best Copyright Book The Routledge Companion to Copyright and Creativity in the 21st Century Routledge eds.
With the rise of significant non-fungible token (“NFT”) trademark disputes taking place in the United States, Canada is looking towards the outcomes of those cases in order to interpret Canadian trademarklaw in relation to NFTs. Canadian courts may need to wait for a concrete answer from their U.S counterparts.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and IntellectualProperty on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.
Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration. Whether you are a startup founder, an entrepreneur, or an IP professional, knowledge of these areas can save you time and resources. References: World IntellectualProperty Organization.
A basic understanding of IntellectualProperty (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product.
The post Protection of Color Trademarks under the Indian TrademarkLaw appeared first on Blog | Kashish IPR | IntellectualProperty Rights Law Firm. For more visit: [link].
While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship. I began to wonder – are there actually fewer IP scholars in India (or the Global South in general)?
To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectualproperty (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.
A critical issue to be addressed is whether these limited-edition products can get protection under IntellectualProperty (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under TrademarkLaw.
Cynthia Zhang is an IP Intensive Student and a 3L JD Candidate at Osgoode Hall Law School. After a test copy of New Genesis was leaked online, WOTC took issue with development company TSR LLC’s use of their IP rights in the game. Compared to other practice areas, trademarklaw is often seen as purely a business mechanism.
However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Colour Marks : Specific colours, when used distinctively, can qualify as trademarks. Written by Vriti Singhvee, legal intern at Intepat IP.
Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IPlaw reform taken in this edited collection is considering both primary and secondary level reform. And now she has our full attention.
There are no separate legal provisions for these rights and they have been included under the existing IntellectualPropertylaws. This is prone to gross misuse and there is ambiguity regarding the legality of the same since there is a vacuum in the existing legal framework of IPlaws with regards to AI generated content.
The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectualproperty” claims. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. About the Case.
Mehnaz is a recent law graduate from Aligarh Muslim University Centre Malappuram. She is passionate about IntellectualPropertyLaws and is interested in pursuing a career in the corporate sector. Image of the competing labels taken from the order here. But before we get to discussing this, a bit of a background.
But don’t stop reading if your passion lies along other branches of IPlaw, because this volume has plenty to say about copyright, trademarks, and more. Theme 4: Nature as Subject Matter The final two chapters discuss how IPlaw has consistently been faced with the challenges of dealing with nature-based subject matter.
Intellectualproperty rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Provisions of intellectualpropertylaw will be applicable to NFTs. Trademark: NFTs may also be protected as a trademark. electronic data deletion.
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and IntellectualProperty on March 12, 2024 (“Report”).
The IntellectualPropertyLaw Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. TrademarkLaw: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.
It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademarklaw. Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. Dongre and Ors. 47 of 1999.
I always enjoy the opportunity to connect with old friends and meet new people who are ready to dig into the details of intellectualpropertylaw. This year we’re limiting the focus to patent law & trademarklaw. For my talk, I’m planning to offer an outlook on the future of IP in the US.
Calls and opportunities Bill Cornish Memorial Fund A fund to support doctoral researchers in intellectualproperty at University of Cambridge has been established in honour of Bill Cornish, a seminal figure in establishing the modern study of IPlaw in much of the common law world. For more information, click here.
The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks. CHALLENGES Olfactory markings have certain particular challenges under Indian trademarklaw. The difficulty of graphical representation is a big barrier.
This article explores the limitations on the use of political party symbols in India, examining relevant case laws and principles under intellectualpropertylaw. In India, the misuse of such symbols can violate intellectualpropertylaw and laws related to political integrity and public order.
19] Being able to distinguish one’s trademark falls at the centre of the trademarklaw, as otherwise, it is liable to be rejected under Section 9(1) of the Act. 9 Indian Journal of IntellectualPropertyLaw, 47 (2018), As cited in Mohit Joshi, Smell Marks: A New Era, 3(3) ILJMH (2020). 11] Ralf Sieckmann v.
Abstract In the changing landscape of intellectualpropertylaw, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers.
The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive TrademarkLaw to this field of technology. Can Cryptocurrencies be Protected under the TrademarkLaw?
Keeping a regular watch on the market for unauthorized use and reproduction of similar or identical marks goes a long way towards safeguarding trademark rights. The TrademarkLaw of different nations is not based on registration alone, but on the usage of marks and timely renewal as well.
We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the TrademarkLaw. ’ Common or generic terms are usually not protected under trademarklaw. ’ How are then these common words registered as a trademark?
Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. This seriously threatens the financial interests and intellectualproperty rights of enterprises.
The IntellectualPropertyLaw Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. TrademarkLaw: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.
These events point to two prevalent issues within the current legal framework: First, that current intellectualpropertylaws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.
For most intellectualproperty questions, your attorney can be located anywhere in the United States. This is because most of the relevant intellectualpropertylaws involving patents, trademarks, copyrights, and trade secrets are federal laws, which apply uniformly throughout the United States.
Accountability AI can help address trademark infringement but faces challenges in evaluating target audiences and their interest in specific product categories. Academics question the practicality of AI conducting subjective examinations in trademarklaw, as it lacks the ability to capture subtle distinctions.
Many companies exploit renowned person identities without obtaining proper consent, leading intellectualproperty experts to advocate for the safeguarding of image rights through registration under IntellectualPropertylaws.
5 Proven Steps to Protect Your IntellectualProperty in 2025 In a world where ideas are currency, protecting intellectualproperty (IP) has ne ver been more critical. While intellectualpropertylaw can be complex, following a structured approach can help secure your ideas and prevent misuse.
As a trademarklaw firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectualproperty. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. 11, 2022). [2]
Therefore, it is crucial to remain aware of such notorious brands willing to associate with the family of trademarks. Although the birth of this doctrine was incidental, it has viably grown and provided greater protection within the sphere of IntellectualProperty (IP) laws. Conclusion.
Of those, inventors who make board games often go straight to patent filings and forget about the trademark analysis. This article considers a sub-category of trademarklaw that allows for some interesting board game protection. Trademarklaw is meant to protect a company’s branding. OR- How about this car.
He was unmistakably aware of the nuances regarding colours in trademarklaw. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademarklaw. 1] Rachna R. 131, 132-133 (2020). [2]
Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademarklaws that might apply to your NFT. What is IntellectualProperty? Intellectualproperty or IP is a creative work or invention that one holds rights to.
Morgan is believed to be the only car shape accepted by the Alicante, Spain-based registry as qualifying for legal protection under the EU TrademarkLaw. No other manufacturer or replica company can copy the shape without risking being taken to court. The protection only applies in the UK. Registration took two years.
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