The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JULY 31, 2023

The last date to apply is August 05, 2023. vs Gupta Light House on 24 July, 2023 (Delhi High Court) Image from here The dispute pertained to imitation of suit design by the defendant. The suit design was a “Handi” shaped pressure cooker registered in favor of the plaintiff.

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Designs Design Invention Intellectual Property 98

IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively.

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Intellectual Property Technology Licensing Invention 98

SpicyIP

JANUARY 23, 2023

on 12 January, 2023 (Delhi High Court) Division bench of Delhi High Court dismissed an appeal against an interim injunction order by the Single judge bench. on 12 January, 2023 (Delhi High Court) Delhi High Court accepted the appeal and directed the CGPDTM to consider the matter afresh and pass a reasoned order.

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Designs Design Invention Registration 105

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Courtaulds and Albert Woods and Amcolite v.

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Designs Design Cease and Desist Art 105

The IPKat

OCTOBER 27, 2023

In a recent decision ( R 872/2023-4 ), which is reassuring for rightsholders in 2D and 3D figurative marks, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative mark consisting of an image of a gummy bear met the minimum degree of distinctive character required for it to be protected (..)

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Registration Designs Design Intellectual Property 78

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications.

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The IPKat

DECEMBER 10, 2023

Alessandro Cerri reported the news that the digital music service Spotify will fully cease its operations in Uruguay by February due to the domestic approval of the 2023 Rendición de Cuentas Bill and the consequent claimed unsuitability for the business to be available in the country.

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Registration Copyright Law Copyright Intellectual Property 67

LexBlog IP

JANUARY 30, 2024

Another area that sees substantial changes is the design system. While the 2020 amendment of the Patent Law allowed for partial design in principle, the amended Regulations provide more detailed requirements for the filing of applications for partial designs.

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Patent Invention Patent Law Designs 52

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JANUARY 17, 2024

Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures. Thereafter, a pre-grant opposition was filed on 09/01/2023 by Mr. T.

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Patent Prosecution Patent Invention Copying 64

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Lokesh discusses the case in this short tidbit post. Emami Ltd.

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Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

SEPTEMBER 11, 2023

AI and Copyright: More Developments – Human Prompts are Not ‘Direct Instructions’ After the Thaler case, the US Copyright Office passed another interesting order on AI-generated works, this time refusing the registration due to the work’s failure to meet the de-minimis threshold. Shatrughan Kumar AKA Khesari Lal Yadav and Ors.

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The IPKat

OCTOBER 31, 2023

Conferences, events & call for papers Design reform The 2023 UNION IP Autumn Round Table will be held on November 10 2023 in Amsterdam. The agenda includes a discussion of the long awaited revision of the Community Design Regulation and Directive and the possible implications of the revised legislation as it now stands.

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Intellectual Property Intellectual Property Law Journalism Registration 62

SpicyIP

MARCH 6, 2023

on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.

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Designs Design Music IP 116

Intepat

NOVEMBER 2, 2023

The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics. He underlined that intellectual property is about more than simply production; it is also about solving social concerns with inventive solutions.

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Intellectual Property IP Higher Education Technology 52

SpicyIP

FEBRUARY 19, 2024

Highlights of the Week E&Y Report on The Rise of Music Publishing India: Reflections from an IPR Perspective Image from here Highlighting the frequently overlooked matter of the disorganized music sector and music publishing, E&Y released its ‘The Rise of Music Publishing in India’ report in December 2023.

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Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Copyright Office and the U.S.

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SpicyIP

JANUARY 1, 2024

As we bid adieu to 2023, let’s take account of the interesting developments that we came across last week. Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India. Her previous posts can be found here. Srinivas Rao & Anr.

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The IPKat

FEBRUARY 14, 2024

With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent applications for inventions based on genetic resources compares with the recent law reform efforts in Australia and India. This Kat is looking forward to seeing you in sunny Alicante!

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Editing Intellectual Property Copyright Patent Application 62

The IPKat

JUNE 23, 2023

How the "einstein tile" might be protected by intellectual property law Patents are granted for new inventions applicable in industry. However, is the solution to a mathematical problem even an "invention"? Was the einstein tile really invented, rather than merely discovered by Smith et al.? 3(a) Community Design Regulation ).

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Intellectual Property Intellectual Property Law Designs Design 96

SpicyIP

AUGUST 14, 2023

Controller General of Patents on 9 August, 2023 (Delhi High Court) The Delhi High Court illustrated the prescribed process to file a post grant opposition within the Indian Patent Act and Rules and set aside the recommendations of the Opposition Board. There were various reasons for refusing the application including lack of inventive step.

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SpicyIP

NOVEMBER 26, 2023

Emerald Enterprises vs Emerald Valves Private Limited on 21 November, 2023 (Delhi High Court) The Delhi High Court passed an ex-parte at interim injunction order restraining the defendants from using the mark “Emerald” for valves holding it to be deceptively similar to the plaintiff’s registered “Emerald” mark. Universal City Studios Llc. &

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Trademark Registration Invention Social Media 59

SpicyIP

JULY 10, 2023

We also highlighted that the CGPDTM will recruit 553 Patent and Design Examiners with the help of an autonomous organization, the Quality Council of India. Last week also saw many landmark orders from the courts across the nation. Anything important we’re missing out on?

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Registration Copyright Infringement Trademark Copyright 98

SpicyIP

OCTOBER 16, 2023

Puro Wellness Private Limited & Anr on 10 October, 2023 (Delhi High Court) Image from here The plaintiff alleged disparagement to its mark via the defendant’s pink salt commercial but failed to establish a prima facie case. The last day to file these comments/ suggestions was October 15. The Chinese University of Hong Kong and Anr.

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Due Diligence Invention IP Copyright 59

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Studying IPR law empowers Entrepreneurs to protect and promote their innovation, invention and creations.

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Intellectual Property Technology IP Law 105

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below. Inventprise Inc.

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Registration Trademark Copyright Registering Trademarks 52

IIPRD

MAY 4, 2023

Introduction A “patent” is a right granted by a state to an inventor for a fixed period i.e., 20 years in India in exchange for the disclosure of the invention. The fundamental patentability criteria are universal namely: novelty, inventive step, non-obviousness and industrial applicability.

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Intellectual Property Invention Public Domain Patent 52

SpicyIP

MARCH 13, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again! The deadline for submissions is April 18, 2023. on 7 March, 2023 (Delhi High Court) The plaintiff alleged infringement of its registered mark ‘Campus’ by the defendant.

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Intellectual Property Law Intellectual Property Trademark IP 119

Kluwer Copyright Blog

FEBRUARY 2, 2023

And, of course, the debate on computer-generated inventions rumbled on across the world.) 21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ).

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SpicyIP

APRIL 17, 2023

Krbl Limited was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the word ‘Royal’, by the defendant’s mark ‘Zabreen Royal’ (‘Impugned Mark’). Responding in the affirmative, the Calcutta High Court has swung the interpretative pendulum back in favor of GUIs being registrable.

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SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? Read on to know more.

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The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Chapter 2, authored by David Musker, considers the overlaps between patents and designs.

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Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

JULY 23, 2023

Ashok Kumar conducting activities through webpage on 13 July, 2023 (Delhi High Court) The plaintiff sought a permanent injunction against the unauthorised use of its well-known mark ‘Officer’s Choice’ by the defendant. Delhi High Court grants well-known status to popular clothing brand’s mark ‘Supreme’ Chapter 4 Corp.

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Trademark IP Higher Education Moral Rights 98

The IPKat

AUGUST 12, 2023

As per the article, which can be accessed here , case T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning. Detailed analysis of the case is available here.

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Intellectual Property Law Intellectual Property Publishing Journalism 52

SpicyIP

MAY 6, 2024

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. The plaintiff also holds trademark registration for “Serpenti ” etc. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr.

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Trademark Invention Licensing Patent 59

SpicyIP

JANUARY 9, 2023

whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. Highlighting the court’s opinion that goodwill can exist in the mark independent of registration, she remarks that the duration of 26 years of non use of the mark could have reduced the goodwill in the mark.

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