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Patent Poetry: Is a Design Law Treaty coming?

JD Supra Law

The World Intellectual Property Organization (WIPO) has announced plans to negotiate a Design Law Treaty (DLT). The goal of the treaty would be to harmonize different national legal systems for protecting industrial designs.

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Seeking Clarity on Comparison Prior Art: Seirus Petitions Supreme Court in Heat Wave Design Patent Dispute

Patently-O

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Swisa, Inc. , 3d 665 (Fed.

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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Still, ornamental logos found on the accused product can still be relevant as visual distractors in the process of evaluating similarities and differences between the claimed design and accused design.

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U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and protected as a trademark?

JD Supra Law

Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means the design is now in the public domain, copyright and trademark laws could mean otherwise.

Copying 65
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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. Determining the degree of similarity requires considering the label as a whole.

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WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources

The IPKat

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

Designs 117
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Book Review: Intellectual Property and the Design of Nature

The IPKat

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. The other two chapters turn to the conceptualisation of nature in patent law.