Biswajit Sarkar Copyright Blog

MARCH 1, 2024

All these modern biological research works are time consuming, costly, and require several replicates and trials on animal and plant model systems before the product launch in the commercial market. Patents in biotechnology are required to maintain competitiveness in the market. In 2013, the Supreme Court of the U.S.

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Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

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The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

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IIPRD

FEBRUARY 13, 2023

The government has provided unfettered market access for telecom equipment, as well as a fair and proactive regulatory environment, ensuring that telecom services are available to customers at reasonable pricing. India is now the world’s second-largest telecommunications market, with 1.16

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SpicyIP

FEBRUARY 7, 2024

A bit of factual background before we move ahead to the legal analysis: Allied Blenders, a liquor manufacturer, has held a registered trademark for ‘OFFICER’S CHOICE PRESTIGE WHISKY’ label since 2013. The court’s analysis here worked on the same logic and highlighted the potential confusion it may cause in the market.

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The IPKat

FEBRUARY 16, 2023

According to the Administrative Court, the denomination “morbier” traditionally designated a cheese from the Jura region. It had also been used by certain manufacturers to market a cheese produced nearby the Jura, but not in other regions of France nor in other countries. International license.

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Patently-O

AUGUST 3, 2023

The complaint alleges Pfizer and BioNTech initially tested different vaccine designs but ultimately chose to copy Moderna’s approach, despite being aware of Moderna’s patents. In the lawsuit, Moderna is seeking monetary damages for patent infringement but not injunctive relief taht would remove the Pfizer vaccine from the market.

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Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Biosimilar Regulatory Updates. BI pointed to Humira (adalimumab) as an example.

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Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. That’s not what the statute is designed to prevent. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Nosal II , 930 F.Supp.2d –RyanAir v.

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Blogging Cease and Desist Business Litigation 89

Technology & Marketing Law Blog

MARCH 10, 2022

201 (Spring 2013). SF Design Group. Fredman Design Group. Tito & Tita appeared first on Technology & Marketing Law Blog. Mitchell, Keep Your Friends Close: A Framework for Addressing Rights to Social Media Contacts, 67 VAND. 1459 (2014); Zoe Argento, Whose Social Network Account? TELECOMM. & & TECH.

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The TTABlog

APRIL 6, 2022

As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. Conmar Form Sys., 1 USPQ2d 1139, 1142 (TTAB 1986). Thus, according to Illyrian, ADOL knew that GKS had the superior right.

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Kluwer Copyright Blog

AUGUST 18, 2021

The Database Directive and Open data directive have a shared history, going back to the late 1980s when the European Commission first got serious about copyright in the internal market ( Van Eechoud 2021). So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

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LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

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43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. Consider compulsory licensing as a midway point here as well. Was more heavily used 1999-2003.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. Market uptake of biosimilars has generally trended upwards in 2020.

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IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A third-party is engaged to assess factors like product demand, market condition, and potential patent infringement. This is attributable to the high amount of risk associated with pledging IP assets.

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43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

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LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. This decision indicates that a FRAND commitment is not a one-way street, but imposes obligations on both the SEP owner and someone seeking to license the SEP. those who stall licensing negotiations).

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Licensing Technology Intellectual Property Patent 52

SpicyIP

JANUARY 16, 2023

On this, Aparajita discussed the inherent public interest involved in accessing this information and argues how the disclosure of the COVID-19 vaccine license is a global norm and is followed by the US and the UK. Mumbai Port Trust, the government is obligated to provide the access to these licenses. Other Posts. Devaiah, and Prof.

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Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

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Copying Copyright Law Copyright Social Media 103

Michael Geist

APRIL 5, 2022

The dominance of Google and Facebook in the digital ad market raises particular concerns, but that is a competition issue, not a news one and requiring the companies to pay for news based primarily on having developed a more successful digital advertising platform is not a supportable policy. Village Media, a company based out of Sault Ste.

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TorrentFreak

DECEMBER 2, 2021

PrimeWire’s domains are blocked by court order in the United Kingdom , Ireland , Norway , Denmark and Portugal , and the site has been repeatedly branded a ‘notorious market’ by the MPA. Back in 2013 we published an interview with a person who at the time supplied movie and TV shows to sites including PrimeWire.

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SpicyIP

JULY 19, 2021

She argues that unlike the Attars of Kannauj which are designated as Geopgraphical Indication, all small traditional businesses of Attars and Agarbattis do not enjoy such privilege, and thus, protection as smell marks may lend necessary protection to such TCE. Call for Submissions: The IP Press Law Review Vol. Resonance Digital LLP & Anr.

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Technology & Marketing Law Blog

MARCH 28, 2023

But when the case returned to the district court after the initial ruling on the temporary restraining order, hiQ’s antitrust arguments were dismissed for failure to properly identify the relevant market in which LinkedIn has a monopoly. The court dismissed the market division argument on the grounds that it was time barred.

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Blogging Cease and Desist Contracts Marketing 107

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

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SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

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IP Intellectual Property Copyright Trademark 143

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Every figurative TM will be protected by ©/design, built into the system.

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Michael Geist

AUGUST 3, 2021

Access Copyright launched the lawsuit against York over copying it said took place from 2011 to 2013, seeking to enforce a Copyright Board approved tariff. York argued that it was not bound by the tariff because it had not agreed to its terms and counter-claimed that any copying at issue was in any event covered by fair dealing.

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SpicyIP

DECEMBER 12, 2022

Delhi High Court however permitted the Defendant to file these documents holding them essential to indicate Defendant’s assertion that the suit design lacks novelty, which it held to be one of the defences available in a patent infringement action. AWACS data highlights that innovator drugs maintain market hold even after patent expiry.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

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