Design Renewal in India

Selvam & Selvam Blog

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

Design Search

Biswajit Sarkar Copyright Blog

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.

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Design Infringement

Biswajit Sarkar Copyright Blog

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.

CJEU confirms that partial designs may be protected as unregistered designs (but conditions apply)

The IPKat

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.

Design Cancellation

Biswajit Sarkar Copyright Blog

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.

How to Incorporate Privacy by Design Into Your Business

Olartemoure Blog

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).

Functional designs in EU law post-Doceram: harmonisation still missing

The IPKat

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.

Novelty of a Design

Biswajit Sarkar Copyright Blog

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.

AG Øe advises that partial designs may be protected as unregistered designs

The IPKat

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.

Can you file a design patent continuation application?

Patent Trademark Blog

What is a design patent continuation application? This rule applies to both utility and design patent applications. So it is possible to file a design patent continuation application as long as the parent application is still pending. Can a child design patent application claim priority to a parent utility application? Yes, you can file a child design patent application based on a parent utility nonprovisional application.

Video Editing and Motion Graphics Design: Creative Hobby to Creative Career

Art Law Journal

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.

Guest Book Review: Research Handbook on Design Law

The IPKat

This is a guest book review of the Research Handbook on Design Law , edited by Henning Hartwig, Attorney-at-Law, Bardehle Pagenberg, Munich, Germany. Designs overlap with all the other IP rights and are vital for a wide range of industries from fashion to automotive.

Long-awaited changes for Australian designs receive Royal Assent

The IPKat

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.

Design Registration in India

Biswajit Sarkar Copyright Blog

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel.

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts

SpicyIP

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.

How to Protect Your Fashion Designs

Art Law Journal

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.

Obviousness of a Design Patent

Patently-O

Obviousness of a design patent is governed by 35 U.S.C. That primary reference can then be combined with other references to fill in gaps that would have been obvious in order to create the “same overall visual appearance as the claimed design.” Design Patent Nos.

European Design Protection for the Automotive Industry

JD Supra Law

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.

What do dashed lines in a design patent mean?

Patent Trademark Blog

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.

Most Common Design Patents 1842-2021

Patently-O

This time, I was able to go back to the 1840s and show the most-common design patent titles from each era. The bulk of the data also comes via OCR of images and so there are some artifacts (although I did read-through the first 1,000 design patents). by Dennis Crouch. link]. This is a remake of a video I made a few weeks ago. To make the chart, I used a 14 year rolling average.

Form versus Function – Protecting Products with Design and Utility Patents

Trademark, Copyright, and Unfair Competition Law B

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.

Creator Spotlight with Fashion Designer Kate Pankoke

Copyright Alliance

This week we’d like to introduce you to Project Runway All Star and award-winning designer, Kate Pankoke. Kate is the current owner of Elaya Vaughn by Kate Pankoke, a designer driver […].

How Do I License My Creative Design?

Art Law Journal

Licensing a creative design can provide you with additional income, branding and partnership opportunities. The post How Do I License My Creative Design? Here we review what licensing is and how to do it. appeared first on Art Business Journal. Finances licensing freelance

Federal Circuit Further Eases Path for Obtaining Design Patents

Patently-O

This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. by Dennis crouch.

France to push design, GI, UPC, and safe harbours reform as president of the Council of the EU

The IPKat

The Plan provides that during the French Presidency, the Council will start working on the Commission’s proposal on industrial designs. Also, it is expected that the proposal will codify the interpretative rulings of the Court of Justice on design law issues, such as the ‘ informed user ’.

Standard character vs design mark trademark applications

Erik K Pelton

One of the key choices at the start of a trademark application process for many is whether to protect a name alone (standard character) or a logo (design mark). The post Standard character vs design mark trademark applications appeared first on Erik M Pelton & Associates, PLLC

Design Registration Procedure in India

Biswajit Sarkar Copyright Blog

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel.

FDA Breakthrough Device Designation for Biology-Guided Radiotherapy (“BgRT”) Device

JD Supra Law

Food and Drug Administration (“FDA”) has granted the company breakthrough device designation for its biology-guided radiotherapy (“BgRT”) for lung tumors. On December 1, 2021, RefleXion Medical, Inc. RefleXion”), announced that the U.S.

Industrial Designs - Why Should You Protect Your Unique Designs?

Canadian Intellectual Property Blog

Industrial designs (“ID”) protect a product’s unique appearance such as shape, configuration, pattern and/or ornamental features. The protection can be obtained for the design of the entire finished article or just a part of it.

How to Protect Your Fashion Designs

Art Law Journal

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. The post How to Protect Your Fashion Designs appeared first on Art Business Journal.

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

Patent Law Blog

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

Intellectual Infrastructure: IP 101 for Construction and Design Professionals

JD Supra Law

From the initial design plans, to the choice and fabrication of materials, to the finished project, there are many components of a construction or infrastructure project that can give rise to intellectual property (“IP”) issues for construction and design professionals.

Understanding design patent protection

IAM Magazine

The design patent system is evolving rapidly in China. Supplement article

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

Trademark, Copyright, and Unfair Competition Law B

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. Contact Norris McLaughlin About Intellectual Property Disputes Over 3-D Designs.

Trademark on Product Design: Are these biscuit sticks functional

Patently-O

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. by Dennis Crouch.

Copyright for Architectural Designs

Art Law Journal

It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. The post Copyright for Architectural Designs appeared first on Art Business Journal.

Copyright for Architectural Designs

Art Law Journal

It is a common misperception that you cannot copyright a building design. That is probably because, before 1990, there wasn’t much protection for building designs. Steve Schlackman.

Form versus Function – Protecting Products with Design and Utility Patents

Patent Law Blog

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.

A table and a table coaster that shaped EU design law

The IPKat

In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. The case was based on equivalent provisions of French law, implementing the Design Directive 98/71/EC.

What is your design patent probability of success?

Patent Trademark Blog

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO. In fiscal year 2021, the design allowance rate was over 85%. What can reduce your chances of success in a design patent application? The post What is your design patent probability of success?

Procedure For Design Registration in India

Biswajit Sarkar Copyright Blog

When a design is registered, it gives the owner exclusive rights against any unauthorized copying or imitation. For a design to be registered under the Design Act, 2000, it must fulfill the following conditions: · Design should be unique and novel.

Essential Tips for UX Designer Portfolios

Art Law Journal

In our increasingly digital world, UX designers are some of the most sought-after creative talents out there. The post Essential Tips for UX Designer Portfolios appeared first on Art Business Journal.

Industry Snapshot: Design Patents for Animal Products (April–June 2021)

JD Supra Law

Design patents protect any new, original, and ornamental design for an article of manufacture. For the animal and pet industry, design patents are more popular than ever.