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SpicyIP Weekly Review (April 29- May 05)

SpicyIP

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Read on for Shivam Kaushik’s take on this judgment. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Bulgari S.P.A

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[Guest Post] Long walk to copyright reform #9: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers

The IPKat

It was eventually passed on 29 February 2024 after a very tumultuous process (Okorie tells the story here ). The CAB contains stipulations that will ensure equitable remuneration and fair share in royalties for creators of literary, musical and artistic works as well as performers of audio-visual works (clauses 5, 7, 8 and 9 of the CAB).

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SpicyIP Weekly Review (February 05- February 11)

SpicyIP

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

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SpicyIP Weekly Review (March 4-March 10)

SpicyIP

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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The Impact of REULA on Copyright Law: Navigating the Post-Brexit Landscape

Kluwer Copyright Blog

Photo by Rocco Dipoppa on Unsplash The Retained EU Law (Revocation and Reform) Act 2023 (REULA) came into force on 1 January 2024 and has some significant implications for IP law. When considering whether this case could have been decided differently if it was brought in 2024, Arnold LJ did not indicate that he would have ruled otherwise.

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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

Though the verdict throws much light on the limits of artistic freedom and can provide more guidance for the brand owners and artists on the line between commercial goods and artistic works, I concisely put out three important considerations that could have been given much more deliberation.

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The Future of Copyright. In memory of Luigi Carlo Ubertazzi (Report 1/2)

The IPKat

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright.