article thumbnail

Decoding The Scepticism Of Overlap Between Patents Law And Competition Law

IP and Legal Filings

The goal of competition law is to ensure fair functioning of the market. [1] 1] At a glance both the laws may seem to be conflicting but Intellectual property ensures fair amount of competition in the market which is also the goal of competition law. [2] 2] Hence it can be said that IP is pro-competition. 3] Divya S.,

article thumbnail

IP as a political instrument in Russia

The IPKat

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 IP law as a political instrument towards states taking “unfriendly” actions against Russia.

IP 132
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Supreme Court on Patent Law: November 2023

Patently-O

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. AT&T (No. Thomas , 547 U.S.

article thumbnail

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I

SpicyIP

In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. Section 3(j) was introduced through the 2002 amendment to the Patents Act to meet India’s TRIPS obligation under Article 27 [Patentable Subject Matter]. b) imposes a restriction on patenting plants and animals.

Reporting 140
article thumbnail

Intellectual Property Law and Competition Law: Conflicting or Complementing

IIPRD

Introduction If we take a broader look at the Intellectual Property Laws, the primary objective of the legislation in framing these laws is to provide exclusive rights to the IP right holder as against the entire world. For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee.

article thumbnail

Australia’s Reversal of its DABUS decision on AI-Generated Inventions: How Does this Impact an Imminent Canadian Discussion on AI Inventorship?

IPilogue

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

Invention 111
article thumbnail

Competition Law: The Patent Pendulum

Intepat

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The Supreme Court in Eldred v. An example of this is the case of FTC v.

Law 52