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Design Related Topics 
SpicyIP
JUNE 26, 2022
The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173).
IP and Legal Filings
JUNE 8, 2022
The Designs Act is an act that protects one of the most significant Intellectual Property Rights of a person. Therefore, many acts govern several IPRs one of which includes the Designs Act,2000. The Designs Act, 2000 is one such act. Are not distinctive from other designs.
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IP and Legal Filings
JUNE 8, 2022
One of them is ‘Design’ which is a composition of colors, shapes patterns, etc which add value and attraction to the product. Designs are advantageous assets that can be protected only if registered under the Designs Act, 2000. Website Designs.
Patent Trademark Blog
MARCH 16, 2022
What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. A narrow patent, in contrast, is easier to design around.
IP Watchdog
JUNE 23, 2022
Design Patent No. Courts District Courts Federal Circuit IP News IPWatchdog Articles Litigation Patents Trademark USPTO CAFC design patents functionality intellectual property patent Patent Litigation patent office trademark trademarksOn June 22, the U.S.
JD Supra Law
JUNE 10, 2022
A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects.
Patent Trademark Blog
MARCH 3, 2022
What does it take to patent a design? Before diving into how to patent a design, let’s first cover the why questions. Why do you want to get a design patent? Why is a design patent as opposed to a utility patent the right type of IP for your idea?
IP and Legal Filings
JUNE 9, 2022
Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.
Patent Trademark Blog
APRIL 26, 2022
Can filing a design patent protect you from infringement? If that is true, getting a design patent would not necessarily protect you from infringement of utility patents. But, what if getting a design patent could somehow protect you from infringing other design patents?
Selvam & Selvam Blog
NOVEMBER 11, 2021
At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. Intellectual Property Rights Industrial Designs India Renewal design
Patently-O
JUNE 22, 2022
Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. Functionality : Design patents focus on ornamentality rather than utility. ” I.e., typically a design for a useful item. High Point Design LLC v.
Biswajit Sarkar Copyright Blog
OCTOBER 21, 2021
Importance of Design Search. A design search is important to ascertain whether the proposed design has been registered or not. The details of the application for design registration are entered in the database of the Design Office. Design Search Procedure.
Kashishipr
JUNE 1, 2022
For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. The ultimate purpose of the Act is to safeguard the intellect of the proprietor of the design in question. Infringement of Industrial Designs .
McKinsey
JUNE 21, 2022
When mapping out the customer journey, combining traditional CX practices with user-centered design processes has proven to bring the greatest value.
The IPKat
MARCH 8, 2022
Kat friend, Vishv Priya Kohli , reports on an interesting development in Denmark regarding design law protection, with the establishment of the Danish Design Board. Addressing this need, the Danish Design Board (Designnævnet) was launched on February 24, 2022.
Patently-O
FEBRUARY 23, 2022
In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.
Patent Trademark Blog
MARCH 22, 2022
How can an Amazon seller benefit from design patents? If you are an Amazon seller, design patents must be considered – either offensively or defensively. Offensively, you can acquire design patents to protect the unique visual appearance of your product.
Art Law Journal
MARCH 4, 2021
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners. Patrick J. Concannon.
Biswajit Sarkar Copyright Blog
OCTOBER 21, 2021
Under the Design Act of 2000 in India, copying of a registered design is considered an Infringement of Design. The provisions pertaining to the piracy of registered designs in India are contained in Section 22 of the Designs Act, 2000.
The IPKat
NOVEMBER 7, 2021
In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). As such, it is a short leap to requiring visibility for all categories of designs.
Biswajit Sarkar Copyright Blog
OCTOBER 21, 2021
The registered owner of a design is granted unrestricted rights to their registered Designs in India. The right to cancel a design registration is one of these rights. The Act and Rules relating to the Design Law of India clearly detail the cancellation procedure.
Patent Trademark Blog
MARCH 7, 2022
What are common design patent failures? Filing a design patent application doesn’t seem very complicated. A design filing seems so simple. Let’s explore some common design patent failures. Below is an example of a design patent drawing that contains both.
IP Watchdog
MAY 8, 2022
Patent and Trademark Office’s (USPTO's) new director wasted no time getting down to business in terms of protecting design innovation in the United States. The U.S.
Patent Trademark Blog
APRIL 21, 2022
What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Is that all there is to design patent infringement? Patented Design – Lanard Toys Ltd.
IP Watchdog
MARCH 23, 2022
The European Intellectual Property Office (EUIPO) recently published a deep dive report, titled Study on the Impact of Artificial Intelligence on the Infringement and Enforcement of Copyright and Designs.
Olartemoure Blog
OCTOBER 11, 2021
Privacy by Design is the integration of data processing procedures to every stage of business practices. The European Data Protection Board has established the most complete guidelines regarding Privacy by Design and by Default as set forth in the European Union’s GDPR (1).
The IPKat
AUGUST 2, 2021
Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right.
Hugh Stephens Blog
JUNE 7, 2022
I will let you be the judge since … Continue reading "Was it Careless Infringement (but for a Good Cause) or a Derivative Design Inspired by Another Indigenous Artist? Sometimes copyright issues are essentially black or white. There was obvious infringement.
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. The Dusseldorf Court of First Instance declared the designs invalid.
Patently-O
APRIL 27, 2022
Last week, at Design Day 2022, the USPTO announced that it had completed its summary of those comments. In the request for comments, the USPTO floated the idea of issuing design patents for what they are now calling “designs for projections, holograms, and virtual and augmented reality (PHVAR).” But projected designs aren’t new. As we explained in our law professor comments , designs for “magic lantern” projections go back at least as far as the 17th century.
Patent Trademark Blog
FEBRUARY 24, 2022
Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. The key is understanding what a design patent protects.
Managing IP
FEBRUARY 3, 2022
Counsel say the UKIPO’s call for views on post-Brexit design laws provides a chance to explore new opportunities, but note that red flags have been raised
SpicyIP
JULY 27, 2021
We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly.
Biswajit Sarkar Copyright Blog
NOVEMBER 30, 2021
The goal of the Design Act is to protect and preserve original and novel designs. A design like this can be applied to a specific article that will be produced using industrial procedures or methods. The Novelty of Any Design is Important for its Registration.
The IPKat
SEPTEMBER 14, 2021
Differences in the treatment of design law across jurisdictions remain a fascinating subject. Kat friend, Dr. Tyrone Berger , reports on what he calls "long-awaited changes" to the design law of Australia.
Patent Trademark Blog
MAY 26, 2021
What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines.
Trademark, Copyright, and Unfair Competition Law B
MAY 7, 2021
If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Utility patent claims require them to be useful as well as new, and non-obvious over the prior art; design patent claims exclude that which has an appearance dictated by function.
Art Law Journal
JANUARY 13, 2022
The post Video Editing and Motion Graphics Design: Creative Hobby to Creative Career appeared first on Art Business Journal. Jobs career transition design educationVideo editing and motion graphics go hand in hand—after all, they are both rooted in storytelling.
The IP Law Blog
JUNE 9, 2022
A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. In order to obtain a design patent, the applicant must file a patent application.
Patent Trademark Blog
MARCH 1, 2022
Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Can a design patent show a specific material, substance or composition of matter? Can the design patent title describe what the product is made of?
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