JD Supra Law

SEPTEMBER 1, 2021

It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States. In fact, this is not the case: The EU design system has significant advantages as well as certain disadvantages compared to the US system.

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The IPKat

JANUARY 30, 2024

This Kat has found a recent decision issued by the Paris Court of Appeal in a dispute over the allegedly unlawful reproduction of a t-shirt design. This ruling was an opportunity for the court to reiterate that a garment can be protected by copyright and design law. Opull’ence appealed.

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Designs Design Art Intellectual Property 73

The IPKat

DECEMBER 21, 2021

While awaiting for the new EU Design Directive (expected in 2022 ), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs. 8(1) of Regulation 6/2002), “a design right shall not subsist in features of appearance of a product which are solely dictated by its technical function.”

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Designs Design Law Art 127

The IPKat

JANUARY 18, 2022

While this Kat was inquiring about the role of alternative designs in examination of Art. 8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). 8(1) Regulation 6/2002. The case goes as follows.

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Designs Design Art Patent 109

Garrigues Blog

SEPTEMBER 7, 2021

Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, the specific shape or aesthetic configuration of a product. of Regulation 6/2002. of Regulation 6/2002). Article 4.3

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Designs Design Intellectual Property Registration 90

JD Supra Law

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. By: International Lawyers Network

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The IPKat

MARCH 14, 2023

Designs are meant to protect the appearance of a product or a part thereof. 6/2002 (‘Design Regulation’) stipulates:-- A Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function. The existence of other design alternatives was considered irrelevant.

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Designs Design Art Registration 86

JD Supra Law

DECEMBER 16, 2022

Earlier this fall the Federal Court of Canada issued a rare decision concerning industrial design infringement and reaffirmed several points of law favouring holders of industrial design registrations in Canada seeking to enforce their rights. By: Smart & Biggar

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Designs Design Registration Law 52

The IPKat

DECEMBER 11, 2023

This Kat’s attention has recently been drawn to a Kat-focused ruling: that of design and copyright protection of a cat litter tray. Resolved by the first instance Community design court in Brussels, this case tackled issues such as forum shopping and cumulation of rights in a work of applied art (case A/22/02872 ). Pursuant to Arts.

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Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. On this significant date, we take the opportunity to look at a recent judgment by the General Court of the European Union (EGC) that will allow companies to extend the protection of a design by twelve months.

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Designs Design Patent Application Intellectual Property 52

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ).

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Designs Design Art Intellectual Property 76

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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The IPKat

JANUARY 30, 2022

4(2) Design Regulation. The decision in R2843/2019-3 concerned an invalidity application brought against Community design No 1 292 122-0001. The design (to the right) depicts an electrode for a plasma- cutting torch and is registered for “Welding torches (part of -)”. In turn, the design holder argued that Art.

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LexBlog IP

NOVEMBER 8, 2021

The ECJ has ruled on the conditions in which the appearance of a part of a product (or “partial design”) may be protected as an unregistered Community design. The German court had dismissed the claims on the ground that two of the alleged design rights did not arise, and the third was not infringed.

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Designs Design Intellectual Property 52

LexBlog IP

JANUARY 12, 2022

The European Court of Justice (ECJ) recently ruled on the possibility of claiming protection for a part of a product or a component part of a complex product as an unregistered Community design. Ferrari filed an appeal on a point of law before the German Federal Court of Justice ( Bundesgerichtshof ). The decision of the ECJ.

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Designs Design Publishing Law 52

The IPKat

APRIL 27, 2024

Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. Facts ROSAE PARIS designs and sells ready-to-wear clothing, leather goods and accessories. A Kat taking a rest. The court then analysed the copyright infringement.

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TorrentFreak

MARCH 23, 2022

Reports indicated that two people – a 41-year-old man and a 30-year-old woman – had been arrested under suspicion of offenses under the Copyright, Designs and Patents Act 1988 and money laundering. To serve half sentence in custody with the remainder served on license. Confiscation Under Proceeds of Crime Act.

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The TTABlog

JUNE 28, 2022

90369855 (June 24, 2002) [not precedential] (Opinion by Judge Peter W. With respect to the marks, the Board found that the "relatively modest geometric designs in the applied-for mark and cited mark do not significantly contribute to the mark’s commercial impression, but rather are subordinate to the letters 'KR' in both marks."

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Designs Design Registration Ownership 44

IPilogue

JANUARY 30, 2023

Famous for its easily-recognizable design of breathable and water-friendly clogs, Crocs was founded in 2002 in the US by three college friends who enjoyed sailing. Released on October 21, 2022, this case decision concerned the validity of the industrial design rights for Crocs’ MAMMOTH line of fleece clogs (“939 Design”).

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Intellectual Property Designs Design Design Patent 105

LexBlog IP

AUGUST 22, 2022

In 2002, Mark Chester, an engineer at Koso America, Inc. (“Koso”), participated in a project to create a new valve for a hydraulic actuator. REXA argued that Chester and MEA’s actuator incorporated and disclosed confidential designs contained within the prototype Koso developed in 2002. ” REXA, Inc.

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Patent Application Public Domain Designs Design 52

The IPKat

JANUARY 30, 2022

Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.

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Moral Rights Database Right Designs Design 76

Plagiarism Today

AUGUST 18, 2022

The system is designed to be navigable by non-lawyers and, instead of a judge and/or jury, the case is heard by a panel of three officers and the entire process is held online. Seven of the registrations took place before the year 2002, making them older than 20 years. Before 2002 7 2002-2020 42 2020/2021 19 2022 15.

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Copyright Registration Music Copyright Infringement 288

The IPKat

APRIL 12, 2023

Normal 0 false 21 false false false DE X-NONE HE A design for a component part of a complex product can enjoy design protection in the EU only if the component part remains visible during normal use of the complex product ( Art. 4(2)(a) of Regulation 6/2002 , ‘Design Regulation’). 3(c) Design Regulation ).

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Designs Design Art 85

IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

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Artistic Work Designs Design Copyright 45

LexBlog IP

JANUARY 18, 2023

Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. Pentapharm AG , 2002 WL 31749195, at *6 (N.D. Under Section 1051(e) of the Lanham Act, 15 U.S.C. Jiaxing Micarose Trade Co.,

Trademark 52

Trademark Registration Designs Design 52

Olartemoure Blog

FEBRUARY 14, 2024

20, 2002 Diamond rings are the perfect gift to give to celebrate love. Although one would think that a patent on such an item would be beyond obvious, Verlooy Herwig obtained a design patent on heart-shaped chocolate only in 2001. However, what if your ring represents love also in its shape. Are you the heart-shape chocolate type?

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Patent Inventor Intellectual Property Design Patent 105

SpicyIP

AUGUST 10, 2023

Judgment The Court considered whether the amendment to Rule 138 of the Patent Rules (which took away the power of the Controller to condone the delay by a period of one month in relation to filing of international applications designating India) is ultra vires of Section 159 of Patents Act, 1970.

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Patent Government Designs Design 98

Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Since 2002, Monster asserts it has spent over $8.5 Monster claims Bear’s logo consisting of a claw mark design in a green and black color scheme is confusingly similar to the Claw Icon and Monster Trade Dress.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

IPilogue

SEPTEMBER 28, 2021

However, this 2002 decision did not define whether AI technology can be an inventor. United Kingdom: Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat). Canada: Apotex Inc v Wellcome Foundation Ltd [2002] 4 SCR 153. In light of the recent court decision of Thaler v Hirshfeld et al.

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The TTABlog

MAY 3, 2022

Thus far in 2002, the Board has affirmed 77 of the first 80 Section 2(d) refusals it has considered on appeal. Here are the latest three appeals for your consideration. Results in first comment]. In re Aubrac Holdings, Inc. 88586817 (April 29, 2022) [not precedential] (Opinion by Judge Melanye K.

Designs 67

Designs Design Copyright 67

The IPKat

OCTOBER 19, 2022

Article 2(7) provides an exception to this principle with respect to industrial designs and models, as well as applied art. Designs According to Article 9 of Design Regulation (EC) No 6/2002 , a design right shall not subsist in a design that is contrary to public policy or to accepted principles of morality.

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Designs Design Reporting Registration 67

TorrentFreak

SEPTEMBER 28, 2023

Under Section 297A(a) of the Copyright, Designs and Patents Act 1988, both men admitted “Selling, Distributing Or Letting For Hire Or Exposing For Sale Or Hire An Unauthorized Decoder.” McVicker further admitted possessing criminal property, contrary to Section 329 (1)(c) of the Proceeds of Crime Act 2002.

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Designs Design Licensing Intellectual Property 91

The IPKat

APRIL 4, 2024

The MITT’s work led to amendment of the Copyright Act and Performers Protection Act 11 of 1967 in 2002 , which reintroduced an imperfect and weak needletime royalty system into the South African copyright regime. Schedule III comprised the entire provision of the defunct British Copyright Act 1911 (Imperial Copyright Act).

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Copyright Music Artistic Work Contracts 132

Intellectual Property Law Blog

DECEMBER 21, 2023

Regarding legislative history, the Federal Circuit noted that the AIA provided for PGRs “designed to allow parties to challenge a granted patent through a[n] expeditious and less costly alternative to litigation.” 3d 1368, 1376–77 (Fed. Introduction of Patent Reform Act, 153 Cong. 18, 2007).

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Litigation Patent Art Designs 147

IPilogue

JUNE 2, 2022

Meanwhile, in the UK, computer-generated works receive copyright protection, but the law designates the author as “the person by whom the arrangements necessary for the creation of the work are undertaken”, implying a necessary human element as well for copyright ownership. In Apotex Inc v Wellcome Foundation.,

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Invention Ownership Intellectual Property Inventor 111

Patently-O

MAY 2, 2022

2002) (offer to make a “remote database object. ” On appeal, the Federal Circuit found that those contract provisions do not necessarily indicate any intent to experiment with the system design or to ensure that the invention works. 2002) quoting Group One, Ltd. Allen Eng’g Corp. Bartell Indus., 3d 1336 (Fed.

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Invention Contracts Licensing Inventor 82

TorrentFreak

NOVEMBER 24, 2022

Alleged offenses under the Copyrights, Designs and Patents Act lay the groundwork before a significant escalation into conspiracy to defraud. Since streams tend to be sold as part of a subscription package, any revenue is illegal according to the Proceeds of Crimes Act 2002.

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Television Copyright Designs Design 91