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Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. The Show Must Go On?
PART I] PersonalityRights in Spotlight Once More!: India Pride Advisory Order Can a movie carrying the name of a personality be restrained from release citing infringement of personalityrights? PART II] PersonalityRights in Spotlight Once More!: Anything we are missing out on?
Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patentapplication but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. Read the post for more details.
In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. It is noted that the test for identifying infringement of personalityrights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.
Taking a Look at Lupin’s Colour TM Application for its Inhalers Image from here On Lupin’s recent colour trademark registrations for its inhalers, Md Sabeeh Ahmad. Sabeeh highlights how these registration can extend Lupin’s monopoly and could affect million’s right to access these essential medicines.
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. It was held that the defendant’s use of the impugned mark was infringing upon the plaintiff’s trademarkrights. This and much more in this SpicyIP Weekly Review. Anything we are missing out on?
Last week saw blogposts on the history of the Berne Convention, data questioning whether patent filing and grant numbers tell the full story, and criticism of the EPOs patent grants. Who’s Filing These Patents, and Are They Working Alright? But who are the parties filing these patentapplications?
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. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected.
Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personalityrights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.
Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.
Patent Search : Examiners utilize AI systems to detect existing inventions, classify inventions, and determine the novelty of new inventions. This aids in the efficient evaluation of patentapplications.
The issue here pertains to the question of whether a patent office located in one place can transfer a patentapplication to another office in the absence of any specific provision in the law. Even a year after receiving the GI tag, Telangana farmers wait for the red gram board.
Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The decision by Punjab and Haryana High Court is also notable for explicitly stating that one needs to be a celebrity to be able to claim personalityrights.
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