SpicyIP

JULY 25, 2021

Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction).

Reporting 132

Reporting IP Intellectual Property Law 132

Technology & Marketing Law Blog

AUGUST 21, 2023

The initial cohort of plaintiffs were conservatives (Prager); but then as a purported “gotcha,” the law firm added LGBTQ (Divino) and people of color (Newman) plaintiff cohorts. In both cases, the high-concept and splashy constitutional issues fizzled out long ago.

Contracts 84

Contracts Social Media Blogging Law 84

IP and Legal Filings

JANUARY 1, 2023

If “equivalence” can be proven between the elements in the invention’s claims and the elements of the accused product or process, the patent claim would be infringed under this concept. In this case, the Australian court decision Beecham Group Limited v. image Sources : Shutterstock].

Invention 87

Invention Patent Patent Infringement Inventor 87

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. How is reputation constructed in law? Regard that consumers have for a quality of a firm and its products. Firms don’t just sit back and let consumers form reputations. Influencers, fake reviews, etc etc.

Copyright 69

Copyright Business Branding Brands 69

SpicyIP

MAY 24, 2022

She works in a law firm that advises technology companies. In view of the above clear position of law, the decision in the case of Rakesh Kumar Paul (supra) relied upon by learned counsel appearing on behalf of respondent no.2 It is this grouping that has been the main point of controversy till now. Supreme Court’s S.

Copyright 119

Copyright Copyright Infringement Law Blogging 119

Kluwer Copyright Blog

OCTOBER 3, 2023

The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d The defendants failed to register as data brokers under applicable laws of California ( here ). 4th 1149 (9th Cir.

Fair Use 136

Fair Use Privacy Copyright Technology 136

Kashishipr

DECEMBER 8, 2021

It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions. Two distinct groups hold beliefs that are poles apart when it comes to the issue of patenting life forms. A life form is basically a living thing that exists in nature.

Patent 105

Patent Intellectual Property Invention Ownership 105

IP and Legal Filings

AUGUST 4, 2022

The Group advocated separating taxing rights between the country of residence and the country of origin. Most nations’ domestic laws, including those of India, lessen this challenge by providing unilateral relief with regard to such double-taxed income (Section 91 of the Income Tax Act). ” NEED FOR DTAA.

Law 76

Law Contracts Government Business 76

Kashishipr

AUGUST 31, 2021

It is also often referred to as ethnoscience, i.e., the ‘stock of knowledge,’ comprising “systems of concepts, beliefs and ways of learning.” ” With specific reference to Article 8(j), the Conference of the Parties has established a working group in furtherance of meeting the objective stated therein.

Government 105

Government Intellectual Property Law Blogging 105

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark. For more visit: [link].

Trademark 52

Trademark Designs Design Marketing 52

IIPRD

FEBRUARY 13, 2023

According to research issued by the GSM Association in partnership with Boston Consulting Group, the Indian mobile economy is fast rising and will contribute significantly to India’s Gross Domestic Product (hereinafter referred to as ‘GDP’). India is now the world’s second-largest telecommunications market, with 1.16

Intellectual Property 52

Intellectual Property Technology Government Inventor 52

SpicyIP

APRIL 24, 2022

As we can see, there are ‘three’ distinct concepts thrown into this word “I-P-R” i.e. “Intellectual”, “property” and “rights”. answer that I’ve heard (which is also true for all laws I guess?) Antilegend: Indeed, focusing on the term “IP” instead of the individual components can confuse concepts! The best (yet banal!)

IP 136

IP Copying Intellectual Property Copyright 136

Kashishipr

JULY 20, 2022

According to Kevin, the ultimate question is, “What unique stuff do we build on top of a concept?” Jack Ma Yun, the Co-Founder and Former Executive Chairman of Alibaba Group said that the major issue with Tencent is the lack of innovation and creativity, i.e., all of its products are copies. Tencent Holdings Ltd.,

Branding 52

Branding Brands Branding Marketing 52

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work? Conclusion.

Copyright 105

Copyright Registration Music Copyright Law 105

Kluwer Copyright Blog

JULY 5, 2022

Last Wednesday, Fide (a legal-economic think-tank) held the latest in their series of Global Digital Encounters (GDE) – an online panel discussion focusing on the metaverse and IP with some of the leading experts in digital laws. The discussion then turned to the role of IP law and rights in the metaverse. Panel discussion.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

Patent Trademark Blog

MARCH 18, 2022

Failure to renew a trademark registration can lead to a canceled registration, but the owner may still have common law rights by continually using the mark. A company who was first to use a mark in commerce – e.g., by selling goods or services under the mark – may have common law rights even if the trademark is unregistered.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part I of this post briefly discusses the concept of bias and examines the role of property rights in data and factual information, with a focus on copyright. often requires authorization under EU copyright law.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Copyright Lately

DECEMBER 29, 2021

Sinclair Broadcast Group. Sinclair Broadcast Group, Inc. The case would have been the perfect opportunity to return the de minimis doctrine to its classic equitable roots, by confirming that the law will not, in fact, concern itself with trifles, even if they are technically violations of copyright law.

Copyright 115

Copyright Fair Use Social Media Copying 115

Kashishipr

JUNE 3, 2021

For purposes of the US tax law, IP can take many forms. As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software. Therefore, an understanding of how IP assets are taxed is crucial. The United States of America.

Intellectual Property 98

Intellectual Property Ownership IP Licensing 98

43(B)log

AUGUST 12, 2021

Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. Congress can’t enact an injury into existence and can provide a remedy only for concrete harms, which can include intangibles like emotional distress if they’re recognized by the relevant body of law and proven.

IP 90

IP Licensing Law Reporting 90

LexBlog IP

DECEMBER 28, 2022

As a result, lawyers and law firms who traditionally represented employers and were well versed in labor and employment litigation tended to dominate this space. See, e.g., the detailed discussion in the Sedona Working Group on Trade Secret’s Recent Commentary on Equitable Relief , The Sedona Commentary J.

Litigation 52

Litigation Licensing Journalism Reporting 52

LexBlog IP

JANUARY 25, 2022

Within the app, users can also look up Cooperative Patent Classifications (CPCs) that relate to their invention, Group Art Unit (GAUs) predictors based on the invention description, extract key concepts from their query, and related keywords to aid in the search process. These results can then be downloaded into a free report.

Inventor 52

Inventor Intellectual Property Invention Patent Application 52

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. at 1361 (Stoll J.,

Patent 102

Patent Intellectual Property Invention Inventor 102

The IPKat

SEPTEMBER 23, 2022

First up is the IPKat's Belgian friends in the form of Philippe Campolini , Gwennaëlle Kusters , Louis Bidaine and V ince Van der Wangen from Belgian firm, Stibbe. The Court analysed this defence and noted that neither the EPC nor Belgian law provide for a general prohibition on double patenting.

Litigation 82

Litigation Law Patent Invention 82

Patently-O

DECEMBER 20, 2023

By: Paul Gugliuzza is a Professor of Law at Temple University Beasley School of Law, Jordana R. Goodman is an Assistant Professor of Law at Chicago-Kent College of Law and an innovator in residence at the Massachusetts Institute of Technology, and Rachel Rebouché is the Dean and the Peter J. legal system.

Government 68

Government Patent Law Patent Law 68

Kashishipr

AUGUST 18, 2021

The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc. I H W Management Limited DBA The Finchley Group. A group of loosely associated marks cannot be said to be contributing to a family of marks. Characteristics of a Family of Trademarks. Conclusion.

Trademark 105

Trademark Registration Branding Brands 105

IP and Legal Filings

DECEMBER 9, 2022

These laws are anticipated to have an influence on many global corporations operating in China or whose operations touch China. Data localization, data export, and data protection rules that first emerged in the Chinese Cybersecurity Law in 2017 are further outlined in the Data Security Law and the Personal Information Protection Law.

Privacy 85

Privacy Law Business Branding 85

Kashishipr

NOVEMBER 10, 2021

This is where the concept of compulsory licensing gains popular attention. The concept of compulsory licensing can be said to have arisen out of the obligation within the Statute of Monopolies of 1623, which provided for the provision of utilizing a patented invention to be applied locally. What is Compulsory Licensing?

Licensing 105

Licensing Invention Intellectual Property Marketing 105

LexBlog IP

APRIL 1, 2022

The SEC has aggressively sought to enforce the federal securities laws against issuers of other digital assets, [2] but it has not yet initiated an enforcement action against the creator of an NFT or the operator of a platform that facilitates the offer and sale of NFTs. The short answer: It depends. What Is a Security? Techerepnin v.

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

43(B)log

AUGUST 11, 2022

The Hollywood movie is now out of copyright according to Indian law. Generally perceived [by elites] as embarrassing, but can law accommodate the cultural value—e.g., Free riding stories are already part of TM law, but we are leaving something on the table by surrendering that rhetorical ground to TM owners.

IP 72

IP Copying Marketing Marketing 72

43(B)log

AUGUST 3, 2023

Cariou is still arguably good law w/the exception of the relevance of artist’s intent. Taken copyright-protected material and transformed it into public domain material—dangerous for law firms. Fair use allows less privileged groups to develop skills, support educational equity. Copyright for humans only?

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Copyright Lately

OCTOBER 25, 2021

” The few similarities acknkowledged by the court were “driven by the wholly unprotectable concept of humans battling zombies in a mall during a zombie outbreak.” Bottom line is that the masks were equally freaky, but not substantially similar as a matter of copyright law. ” You know, typical Black Friday stuff.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Corsearch

AUGUST 30, 2023

Even if a mark is originally descriptive and thus unregisterable, it is possible to change this through use of the mark in the marketplace, initially as a common-law trademark. What is a common-law trademark? The common-law tort against trademarks (registered or not) is called passing off. P passing off See common-law trademark.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

IP and Legal Filings

MARCH 20, 2024

Since Deepfakes are dangerous, as government officials have acknowledged, strict laws are desperately needed to prevent their spread and protect the public from the unfavourable effects of this rapidly advancing technology. The use of deepfake technology for malicious ends has also been expressed by terrorist groups.

Technology 103

Technology Privacy Government Reporting 103

43(B)log

JUNE 25, 2022

NZ has adopted broad concept of constructive abandonment, but may be moving away (most has been at the TM office). (2) TM law has relaxed its rules in a modern economy. Firms are not people and raise different concerns, but his conclusion is that the question of identity is an empty question. No age limit on the use.

Trademark 56

Trademark Branding Brands Branding 56

43(B)log

AUGUST 12, 2022

Epistemological: Although utilitarianism sounds nice, it’s difficult to calculate and the complexity makes it difficult/impossible to get real answers about law. For policy prescriptions like prizes, are we looking at macro concepts to test them? Interpretive: Progress clause has been misunderstood to focus on quantity not quality.

IP 72

IP Public Domain Music Copyright 72

43(B)log

FEBRUARY 24, 2023

Incrementalism: read Lanham Act along with other things like its common law foundations and First Amendment principles—not empty formalism; recognize normative component of TM. Semi-autonomous body of law with some principles of its own. IIC—not possible to get movement in Congress; and common law is a one-way ratchet.

Trademark 69

Trademark False Advertising Fair Use Branding 69