SpicyIP

JANUARY 17, 2022

In recent times, we’ve seen it come up during the DU Photocopy battle as well as in the Sci-Hub controversy (read Nikhil’s three-part post ( Part I , Part II , Part III ). 23, UDHR & Article 13, ICESCR ). Under part III, R2R gains support from Article 21 [Right to Life] and Article 19(1)(a) [freedom of expression]. .

Copyright Law 119

Copyright Law Copyright Law Art 119

The IPKat

JULY 15, 2023

Image credits: Riana Harvey Events and publications The Queen Mary Intellectual Property Research Institute joins forces with the Centre for Commercial Law Studies in organising their annual IP event, this year tackling the hot topic of investigating the crucial narratives on the role of IP law and theory in promoting a sustainable world.

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Cinema Intellectual Property Intellectual Property Law IP 52

SpicyIP

JANUARY 20, 2024

Before I dish out details, it needs to be highlighted that while IP research and teaching might have been lacking before the 2000s, the “scholarly” spirit in this field has been present nonetheless as evident from several judgments, articles (though very limited), parliamentary discussions, and reports like the Justice N. Conclusion If Any?

Government 112

Government IP Intellectual Property Reporting 112

The IPKat

JULY 9, 2022

The conference, which from now on will be a yearly event, was excellent: during the two days of proceedings, over 50 speakers covered topical issues and recent case law spanning all substantive IP rights: not just trade marks designs and geographical indications (all areas over which the EUIPO does have competence), but also copyright and patents.

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Registration IP Designs Design 98

IPilogue

AUGUST 5, 2021

Psilocybin, an active compound in what is commonly known as “magic mushrooms”, is currently listed under Schedule III of Canada’s Controlled Drugs and Substances Act. The recent trends in psychiatry point to an ever-increasing interest in the role that psychedelic compounds, namely psilocybin, can play in treating these conditions.

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Patent Invention Journalism Ownership 59

Intepat

DECEMBER 12, 2021

This article will discuss a topic related to the complex subject of “food plating” and how it is protected under copyright law. Section 13(1)(a) of the Copyright Act of 1957 protects original artistic works, while Section 2(c)(iii) defines “artistic work” as “any other work of artistic craftsmanship.”

Art 52

Art Copyright Artistic Work Moral Rights 52

SpicyIP

DECEMBER 15, 2023

The above articles shows that technically AI generated works are software outcomes and their creative aspect relies on maximizing the likelihood of the prompt with pixel, text, byte etc. These all reveals that AI generated works are outcomes of the programmed algorithms based on prompt, tokens and highest maximum likelihood.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

The IPKat

SEPTEMBER 21, 2021

The potential for a referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence (Case Law of the Boards of Appeal, I-D-4.6 ). As provided by G1/03 (r. As provided by G1/03 (r.

Publishing 82

Publishing Invention Art Law 82

Michael Geist

APRIL 6, 2022

The Rodriguez post included a link to a La Presse article on the game (the same link I’ve just posted). If the principle was that links have value requiring compensation, then why shouldn’t I be required to pay for linking to the same article? Further, this broad definition is not limited to linking to actual news articles.

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Government Business Journalism Marketing 98

IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. Article 2.4 of Chapter III of Part I of the 2019 Patent Examination Guidelines specifies that “[p]roduct design refers to the design of product design elements including GUIs.” physical product, or a set of articles and non?physical In particular, Section 4.3

Design Patent 57

Design Patent Designs Design Patent 57

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) I have subjectively ordered the cases with the most important or most likely cases toward the top.

Patent Law 126

Patent Law Law Patent Invention 126

LexBlog IP

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. Article 2.4 of Chapter III of Part I of the 2019 Patent Examination Guidelines specifies that “[p]roduct design refers to the design of product design elements including GUIs.” Overview of current legislation in China. In particular, Section 4.3

Design Patent 52

Design Patent Designs Design Patent 52

The IPKat

DECEMBER 28, 2021

In their decision, the EBA found alternative legal basis for the prohibition against double patenting in Article 125 EPC , i.e. on the basis that the prohibition existed in the legislation of member states. The EBA concluded that the general prohibition against double patenting thus applied to cases of internal priority ( IPKat ).

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Invention Publishing Patent Law 67

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). 50 of 24.4.2017).

Designs 70

Designs Design Patent IP 70

LexBlog IP

JANUARY 30, 2024

Moreover, the FCA, aside from contributing to the White Paper, has been considering quantum technologies as one of its priority topics. 3] See, e.g., the FCA’s article “A Quantum Leap for Financial Services”, July 4, 2021, accessible here. [4] 8] FDI Proposal, Article 4(4)(b). [9] ” (section 1.1). [3]

Technology 52

Technology Publishing Business Reporting 52

Kluwer Copyright Blog

JANUARY 26, 2023

Such judicial understanding is summarized by Statement 115 set by the Federal Justice Council: “The limitations of copyright established in articles 46, 47 and 48 of the Copyright Law must be interpreted extensively, in accordance with the fundamental rights and the social function of the property established in article 5, XXIII, of CF/88”.

Copyright 56

Copyright Intellectual Property Copyright Law IP 56

IP and Legal Filings

FEBRUARY 12, 2023

It is a longstanding topic of debate in economic and legal circles: Hot to marry the innovative bride and the competition groom?” [i] The non-rivalries and non-excluded aspect of IP, which produces the problem of appropriability [iii] , lies at the root of the connection between IPRs and competition law. Commission.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

Patently-O

FEBRUARY 24, 2022

The petition asks the following question: Whether a licensee has Article III standing to challenge the validity of a patent covered by a license agreement that covers multiple patents. And, although the license is set to expire before the patents, the court found that potential future infringement to be too speculative.

Patent Law 95

Patent Law Law Patent Litigation 95

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., back and spinal pain). But that’s not relevant to the lost profits argument, which is part of causation.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Read Anupriya’s excellent post here.

Trademark 59

Trademark Publishing Journalism Copyright 59

Kluwer Copyright Blog

AUGUST 18, 2021

But the 2019 Open data directive makes this even more explicit, by mandating that “The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of documents or to restrict re-use…” Art. Stage III: A Data Act.

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Government Database Right Intellectual Property Copyright 56

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

iii] This tension between state and federal law presents obstacles for cannabis entrepreneurs. For more information about any topic herein, please see our October 20, 2020 webinar, “ IP and Cannabis: The Current Landscape ,” or contact your Fish attorney. iii] [link]. FDA Regulation. ii] [link].

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IP Registration Trademark Branding 52

Technology & Marketing Law Blog

AUGUST 2, 2022

iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users. See my article on defining Internet service size for critiques about the pros and (mostly) cons of revenue metrics.

Social Media 84

Social Media Privacy Designs Design 84

The IPKat

SEPTEMBER 4, 2022

CIPA will hold their Congress on 15 September 2022 from 8:00am to 7:00pm (BST), with a stimulating programme including high-profile keynote speakers and topical panel discussions in which members can share their expertise. Topics include the latest insights on Artificial Intelligence, NFTs, sustainability, and more.

Intellectual Property 85

Intellectual Property Registration IP Patent Drafting 85

SpicyIP

AUGUST 28, 2022

Likewise, the Wiley Eastern case justified Section 52 for the protection of Article 19(a) i.e. right to free speech of the Indian Constitution. India” joined the Convention as a British colony (Read: Article XIX, of the Berne Convention, 1886 ). Th is later became a part of the convention Article 8 in the 1886 draft.

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IP Copyright Fair Use Public Domain 138

Kluwer Copyright Blog

NOVEMBER 29, 2021

Article 17 has been a (the) leading buzzword of the copyright reforms of the European Union in recent years (at least half a decade already). The Act introduced Articles 57/A to 57/H to the Copyright Act (Act LXXVI of 1999). These rules represent an almost verbatim implementation of Article 17. Hungary (Péter Mezei).

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Cease and Desist Copyright Government Publishing 115

LexBlog IP

NOVEMBER 30, 2021

In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc. Qualcomm Inc. , No 20-1683 (Fed. 10, 2021) (“Apple II”). Background. The saga began with Qualcomm accusing Apple of infringing several patents in district court.

Settlement 52

Settlement Licensing Litigation Art 52

Kluwer Copyright Blog

APRIL 5, 2022

Following a public consultation on the topic of exhaustion, the UKIPO concluded that there is not enough available data to understand the economic impact of any of the alternatives to the UK exhaustion regime in a post-Brexit world. UK Intellectual Property Office, UK’s future exhaustion of IPR regime. Coming soon and latest referrals.

Copyright Law 60

Copyright Law Copyright Law Music 60

IP and Legal Filings

MARCH 14, 2023

[ii] Their similarities about the importance of bonds and interdependence among individuals, groups, countries, and the spiritual realm have been compared to “epistemic ignorance [iii].” xv] This article makes the case that TK has evolved into a unique body of knowledge. 61 (2010). [iv] ix] Ibid. [x]

Intellectual Property 52

Intellectual Property Journalism Ownership Higher Education 52

LexBlog IP

SEPTEMBER 29, 2022

The uproar also includes numerous articles by diverse scholars and various bloggers expressing a renewed interest in sound marks in many countries. Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered.

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

JULY 27, 2021

iii) Programme Officer(s) (3+ year’s experience). (iv) Undertaking high impact academic and policy-centric research and write briefs, reports, responses, blogs, articles and other documents. iii) What past experiences and skills optimally position you to do so? (iv) i) Analyst(s) (0-2 year’s experience). (ii)

Government 105

Government Editing Privacy Technology 105

IP and Legal Filings

DECEMBER 21, 2023

17] The Constitution of India guarantees the Right to Equality under Article 14 to 18 and Article 15 expressly prohibits gender discrimination in any situation including access to “places of public entertainment” which can be interpreted to imply gender equality in sporting facilities as well. It was better than the jumper.” [17]

Reporting 72

Reporting Journalism Government Law 72

SpicyIP

APRIL 21, 2023

The TRIPS waiver, which became a hot topic for debates around multilateralism from October 2020, brought to the forefront the international community’s inaction and paralysis in the face of a global crisis of unprecedented scale.

Licensing 143

Licensing IP Technology Law 143

SpicyIP

JANUARY 27, 2024

For larger-than-law-type posts on this topic, check Prof. In sum, ‘tis a very interesting topic. If you need more here, Balaji Subramanian’s three-part post on Pharma Price Control and Policy Schizophrenia is your next stop (here’s Part II and Part III ). Hmm … Dr. Sunanda Bharti and Sreyoshi Guha may have some answers.

IP 64

IP Licensing Copyright Blogging 64

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Antitrust and Competition.

Litigation 52

Litigation Settlement Patent Marketing 52

Herbert Smith Freehills

MAY 31, 2022

I have stopped counting the number of (i) forms I have filled in asking for the name of our children's mother and father, (ii) female toilets I have used to change my babies' nappies as there are no baby changing facilities in the men's toilets (iii) times I have had to explain that my children do not have a 'mother', etc. Hero Image: 32801.

Music 52

Music Law Business Contracts 52

Herbert Smith Freehills

MAY 31, 2022

I have stopped counting the number of (i) forms I have filled in asking for the name of our children's mother and father, (ii) female toilets I have used to change my babies' nappies as there are no baby changing facilities in the men's toilets (iii) times I have had to explain that my children do not have a 'mother', etc. Hero Image: 32801.

Music 52

Music Law Contracts Government 52