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AI and the Global IP System We need a worldwide intellectual property (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. Impact of AI in different aspects 2.1.
INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademarklaw. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. Tactile marks, to benefit fully, require international harmonization of trademarklaws. Trademark – India.
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.
.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademarklaw) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.
Current trademarklaw isn't sufficient to put a stop to copycat THC edibles that are making thousands of kids in the U.S. sick, many of whom are tricked into consuming them because they are packaged just like name-brand snacks, experts said Thursday.
All eyes are on the court as they navigate this new digital terrain and attempt to balance the freedom rights of creators against the IP rights of consumer brands. On the other hand, the metaverse presents a new avenue for trademark infringement that is difficult to police, given the ever-evolving digital landscape.
The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. IP Innovation Clinic Fellows (10 positions).
In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks. This poses a serious challenge for architects to secure IP protections for their designs. However, unlike copyright which recognizes even building plans, layout drawings, etc.,
With the greater increase of various leagues such as the IPL in cricket, or the NBA in basketball, various teams are formed by various individuals to assert a title in trademarks and copyrights, amongst other forms of IP so that profit can be maximised. Within India, the sports market is able to thrive due to the extensive laws.
Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IPlaw as a political instrument towards states taking “unfriendly” actions against Russia.
Jamaica seems to be just one of many jurisdictions without a searchable online trademark database. Loophole or fair strategy? One concern is that smaller companies in the U.S. without the means to exploit this method cannot enjoy this competitive advantage as technology giants could.
Introduction Customs law and trademarklaw operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands.
The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademarklaw.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada.
As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademarklaw, even if they are not strictly prohibited. Difference Between Trademark and Service Mark. 1] Acharya, M. 2022, February 28). 1999, July 26).
The post Protection of Color Trademarks under the Indian TrademarkLaw appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. For more visit: [link].
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. How to File a Trademark Application.
The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to assist under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. IP Innovation Clinic Fellows (3-5 positions). 750 words).
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.
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 Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.
Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IPLaw, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary.
St Atilla discussed the EUIPO's decision to uphold the trademark protection for "KIM KARDASHIAN," highlighting the importance of reputation in trademarklaw. Copyright and Design Law Alessandro Cerri detailed a decision by a Delaware court where the fair use defense was successfully applied in a copyright infringement case.
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)?
Wrapping up another year filled with IP, here is what you might have missed from last week! Book Review dreaming of a purr-fect new year full of IP Jocelyn Bosse reviewed the book Research Handbook on the History of TrademarkLaw , edited by Lionel Bently (University of Cambridge) and Robert G.
A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (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.
The post Trademarks: The IP that isn’t IP appeared first on LIKELIHOOD OF CONFUSION™. I have asked, begged, cajoled and — well, no I haven’t threatened Ed Timberlake; who could do that? — but in any event, he won’t write a guest post on.
For instance, they need to research the target countries in terms of the legal and market conditions; understand local trademarklaws and requirements; and seek professional help in order to navigate potential pitfalls. To get a complete benefit of the Madrid Protocol, companies need to be strategic.
Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Lectro E-Mobility.
According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets.
To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (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.
Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. TrademarkLaw. Copyright Law.
Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.
Introduction Trademarklaw is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademarklaw. Banff, Ltd.
On July 29, several IP organizations and one global snack conglomerate filed amicus briefs at the U.S. Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademarklaw. Court of Appeals for the Third Circuit regarding the definition of “functionality” in trademarklaw.
Have you ever wondered who protects the IP rights of IP lawyers? What happens when an IP firm is sued for infringing IP rights of other law firms? But what happens when these protectors of IP seek the protection of their IPs? SG, and the high probity from the lawyers practising IP!
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.
An independent union is using a logo that infringes Trader Joe's trademark, the grocery chain alleged in California federal court, arguing that customers may become confused with the similarities and that the company has incurred monetary damages.
New Categories of IP Protection: Perhaps the development of specific rules governing IPRs of AI-generated content can help to shed light on ownership and cases of infringement. Enhanced Enforcement Mechanisms: Just like any other digital content, licensing requirements can be monitored using progressive technologies, including blockchain.
Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced TrademarkLaw Seminar in New York City.
Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IPLaw Blog. Listen to this podcast episode here. Watch this episode here:
CONCLUSION The rise of fragrance dupes highlights the vital role of trademarklaw in the protection of luxury perfume brands. While trademarklaw provides a means to safeguard logos, packaging, and brand names, the lack of direct protection for the scents themselves remains a significant gap in intellectual property legislation.
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.
He sued a print-on-demand service (Sunfrog) over alleged IP violations of his illustrations. If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). This plaintiff emphasized copyright law but got little traction.
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