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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. He won the second prize in that competition for a great piece on the ‘Policy Style’ Reasoning of the Indian Patent Office. Submission Guidelines.
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.
For instance, ‘Orange’ may be distinctive as a trademark for a drink, but the orange color claimed for the packaging of the drink’s bottles would be non-distinctive. Cadbury UK Limited vs. The Comptroller General Of Patents Designs And Trademarks & Société Des Produits Nestlé S.A. Case No: A3/2016/3082).
A basic understanding of IntellectualProperty (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.
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”).
One of the main areas of intellectualpropertylaw development is the link between artificial intelligence and intellectualproperty rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.
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. For example, the specific shade of Tiffany & Co.’s
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.
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. Certain types of intellectualproperty rights must be considered in relation to the NFTs: 1.
Our full comments: Comments Regarding the United States Patent and Trademark Office’s Proposed “Issuing of Electronic Trademark Registration Certificates”. EMP&A is a boutique trademarklaw firm located in Falls Church, Virginia. The following are the comments of the firm of Erik M. 238 at page 71249.
But don’t stop reading if your passion lies along other branches of IP law, because this volume has plenty to say about copyright, trademarks, and more. The other two chapters turn to the conceptualisation of nature in patentlaw. yet this relationship has received very little attention.
GRUR , established in 1891, is a recognized non-profit scientific association of all members of professional groups and organizations active in the field of intellectualpropertylaw; these are, particularly, law professors, judges, civil servants, lawyers, patent attorneys and representatives of associations and companies.
FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademarklaw.
[Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act. Although scents are implicitly included in the Act’s protection of trademarks, the U.S. Patent and Trademark Office (USPTO) has stringent procedures for scent trademark registration.
.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectualpropertylaws tracks Congress’s pro-free-market goal.”
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?
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.
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.
In chapter 3, IntellectualProperty Primary and Secondary Rights in International Law: The Case of Mexican Pharmaceutical Patents and the USMCA , Roberto Garza Barbosa illustrates the primary right and secondary right distinction in the context of pharmaceutical patents in Mexico. The first (chapter 7), by Dan L.
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. Intellectualproperty attorneys can file these applications from anywhere.
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 patentlaw & trademarklaw. Let me know if you want to meet up.
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. Sowmya Krishnan, Registrability of non-traditional trademarks: A critical analysis , 6 IJRAR 914, 916 (2019). 31] Trademark Act, 1999, §11, No.
One of the most controversial topics is the patentability of an idea , as it creates confusion between the understanding of an idea and an invention. Therefore, it’s the invention that could get patented and not the idea. As aforementioned, an idea is the start of an innovation, but the idea alone cannot be patented.
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.
Patents Utility patents are one class of patents that are relevant to the food sector. Any novel, practical, and nonobvious process, apparatus, production, or compound is protected by a patent. References IntellectualPropertyLaw | Color Trademarks: What Protection Can They Have?,
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.
Eliezer How to Legally Protect your Board Game with IntellectualPropertyLaw Table of Contents: Copyright Law Design PatentsTrademarks and Trade Dress Utility Patents Limitations of Protection Say there is a game that’s been around. A lot of people are familiar with it.
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”).
This strategy has roots in ancient times when Queens and Popes were sought after to endorse patent medicines, a tactic that has consistently proven effective. By doing so, renowned people can proactively protect their image and prevent unauthorized usage, ensuring the lawful association of their name with products in the marketplace.
Therefore, the prime role of such hashtags needs to be assessed in line with the TrademarkLaw to deduce whether they qualify for trademark protection. Furthermore, it can help the proprietor prevent any third party from using the said hashtag incorporating a trademark in the course of trade to gain a commercial advantage.
On April 11, 2024 the United States Patent and Trademark Office (USPTO) issued Guidance on the use of Artificial Intelligence Based Tools (“Guidance”) by applying the existing rules and policies to the use of Artificial Intelligence (AI). However, experts agree that AI enhances human decision-making rather than replacing it.
Basheer raised in his 2018 post on the Politics of Patent Citation. The status of IP teaching and research was dire in many countries in the 1980s, suggested the participants in the ATRIP’s Regional Symposium on IntellectualPropertyLaw Teaching and Research in Asia and the Pacific , held at Peking University, Beijing, in November 1987.
’ Little Caesar argued that the mark signifies a family of double-worded trademarks, just like its famous ‘Pizza! ’ trademark. However, the same was rejected by the US Patent and Trademark Office (USPTO) on the ground that ‘Deep!
In this sector, intellectualproperty (IP) regulations are essential for defending the rights of inventors, artists, and producers. We will examine the fundamental ideas and rules of copyright, trademark, and patentlaws as well as how they relate to various entertainment business sectors in this extensive book.
Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material. In fact, businesses have begun to extend the scope of IntellectualPropertylaws by protecting subsets of their products or services.
Nike has now obtained a US patent to this end. As far as legal aspects are concerned, the IntellectualPropertyLaw could be of help here. Needless to say, legislation on trademarks, designs and also unfair competition, protect these products. Image rights of avatars. And why not go even further.
This will give recognition to those persons and provide them with ownership rights for that intellectual activity. When we talk about IPR in the metaverse various types of IntellectualProperties come into the picture, for example, copyrights, patents, and trademarks.
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.
TrademarkLaw. The basic requirement is that a mark shall be distinguishable, non-descriptive, and even not identical or similar to any existing trademark for any mark to be recognized by the TrademarkLaw. PatentLaw. Conclusion.
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. There are four main types of intellectualproperty rights; patents, trademarks, copyrights, and trade secrets.
.” But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that others claim have no more understood meaning than a reference to a “ vermicious kind ,” and those or other lawyers may overuse a word that they do not seem to actually comprehend. Eset, LLC, a patent case.
trademarklaw, allowing U.S. trademark protection to serve as a springboard for regulating foreign conduct that is unlikely to affect consumer perceptions in the United States and, thus, warrants review. The Solicitor General concluded that the Tenth Circuit’s decision risks globalizing U.S.
That question is “how have various countries’ intellectualpropertylaws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” ”: Trademarks Using Holy Names and Words. That book has a U.S. This blog piece looks beyond the U.S.
Best PatentLaw Book The nominations were: EPC.App and PCT.App (Self-editable EPC and PCT reference books) Patent Subject Matter Eligibility: A Global Guide, (eds) Paul W Browning, Christopher C Johns and Sara A Leiman The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns Your DNA, by Jorge L.
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