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Intellectual Property Law and Competition Law: Conflicting or Complementing

IIPRD

Introduction If we take a broader look at the Intellectual Property Laws, the primary objective of the legislation in framing these laws is to provide exclusive rights to the IP right holder as against the entire world. In contrast, the CCI has the authority to decide upon all the happenings in the market.

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Protecting Application Programming Interfaces (API) Through Intellectual Property Laws

Kashishipr

Accolade case, wherein Accolade had copied Sega’s API code. Courts often find the rationale behind infringing use to be counted as fair or not by considering the following points: Is the infringing copy transformative and for non-profit use or not? An example of this is the Sega v. Conclusion. For more visit: [link].

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Federal Circuit Clarifies Standards to Establish Nexus Between Objective Evidence and Non-Obviousness, and to Establish Copying in Medtronic et al. v. Teleflex Innovations

Intellectual Property Law Blog

In this case, the Federal Circuit determined the sufficiency of evidence to rebut a nexus between objective evidence and non-obviousness; and to establish the objective indicia of copying. Direct evidence of copying is not necessary to establish copying. The Board’s finding of copying is supported by substantial evidence.

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A Seller’s Guide to Navigating Intellectual Property Law on Amazon

LexBlog IP

Sellers need to be aware of competitor patents before introducing a product to the market. This can lead to expensive “false marketing” litigation. A common pitfall for Amazon sellers is copying and pasting content from other websites or products (e.g., pictures or descriptions) for use on their own materials.

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Want a signed copy of Brand Tuned?

azrights

I would love to send you a signed copy of Brand Tuned, the new rules of branding, strategy and intellectual property if you’re UK based and are: EITHER: An Azrights client: OR An agency or freelancer supporting businesses to promote or create their brand. Just complete this form to receive a copy of the book.

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HOW INTELLECTUAL PROPERTY LAW CAN SOLVE LITIGATION SURROUNDING THE HATCH-WAXMAN ACT BROUGHT BY THE COURT’S DECISION IN BRAEBURN V. FOOD & DRUG ADMINISTRATION

JIPL Online

This Blog aims to examine the Hatch-Waxman Act and one of the most significant incentives behind it, a three-year market exclusivity period for the “new clinical investigations.” iv] If deemed insignificant, the new drug is blocked from entering the market by the existing drug’s three-year market exclusivity. [v] Introduction.

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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

The court found that this was transformative (creating the searchable database) and did not adversely impact the market for books. In fact, the court noted that this likely helps the market by making it easier for people to find relevant books. And the image may impact the market for images.

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