Patently-O

FEBRUARY 27, 2024

I am concerned that this portion of the guidance will lead to some major troubles because this portion of the guidance confuses KSR ‘s motivation to combine analysis with an examiner’s analysis of the scope-and-content of the prior art. ” Quoting KSR.

Art 121

Art Invention Patent Application Patent 121

IPilogue

DECEMBER 13, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. According to s. 3] at p 3. [4] Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. The sound of your alarm marks the start to your day.

Social Media 111

Social Media Intellectual Property Copyright Designs 111

IIPRD

APRIL 13, 2023

Copyright Act, 1957 The Copyright Act’s Section 68 is proposed to be repealed under the legislation. In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. By placing the onus on courts, this weakens the accused’s ability to post bail bonds with the police.

IP 52

IP Copyright Infringement Copyright Government 52

IIPRD

APRIL 3, 2024

At the outset is it important to note that interpreting these legislations gives rise to uncertainty, one which forms the topic of discussion in the next section. 5] wherein the plaintiff-respondent had accused the defendant of infringing the copyright by creating a reproducing the plaintiff’s fabric prints and rudimentary sketches.

Artistic Work 45

Artistic Work Designs Design Copyright 45

LexBlog IP

MARCH 8, 2023

I don’t want to be overly dramatic, but I think it will be the FTC’s 2023 bestseller, cited more often than any other case, rule, or guidance. We also have an upcoming webinar covering the topic in March – details here.) We shall see. The FTC gives a pithy overview of the new guidelines in this blog. (We

Advertising 52

Advertising Advertising Branding Brands 52

The IPKat

JUNE 25, 2021

The book also brings in various associated topics such as the inter partes review proceedings at the USPTO, the handling of conflicts of interest, patent enforcement from a university perspective, the benefits to society of the patent system, the university treatment of data plus much more. Warshaw, S. Cunningham, C.L. Feldman, T.

Intellectual Property 52

Intellectual Property Technology Higher Education IP 52

LexBlog IP

DECEMBER 12, 2023

And Part 4 will explore other key legal topics to be considered when using synthetic data to train an AI model. [1] The High Court declined Stability AI’s request to dismiss the case in December 2023, and the case will be proceeding to trial in the upcoming months see [link] J.L. courts include: Doe I v. Github, Inc. ,

IP 52

IP Database Right Intellectual Property Copyright 52

IP and Legal Filings

MARCH 14, 2022

Article 6bis of the Convention fails to establish a period or tenure for an author’s moral rights, leaving it to the discretion of the Convention’s contracting parties. These laws are based on Berne Convention Article 6bis, to which India is a signatory. Can the moral rights of the plaintiff be waived?

Moral Rights 59

Moral Rights Copyright Contracts Law 59

SpicyIP

JUNE 19, 2022

parsed the ‘P’ part of IPR and saw what problems it (re)produces. how it can be affected by the right holder’s actions (i.e. But that’s simple – it’s a right of exclusion – an ability to control/influence the actions of others with respect to intellectual creation. it relates to (i.e.

IP 119

IP Fair Use Invention Copyright 119

SpicyIP

JANUARY 17, 2022

The query around r2r in general is not a new one – see for example Appadurai’s widely cited 2006 paper by the same name, or SPARC’s Coalition formed back in 2009. Lokesh Vyas writes in with a post pondering the existence of a ‘right to research’ (r2r) in India.

Copyright Law 119

Copyright Law Copyright Law Art 119

LexBlog IP

AUGUST 30, 2023

This judgment concerned the “individuality” of work, which reflects the singularity of its creator’s creative process. This is used to facilitate the proof of a claimant’s damage and to determine the full compensation. (5) Work possesses “statistical uniqueness” according to this singularity. (2)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

SpicyIP

JULY 3, 2022

… ( smiling ) Let’s do it here – the answer to ‘what is a right’ … ( pause to create interest ) … depends upon whom you ask – a law person or a lay person? Akira: Perhaps that’s a good example of the proxy getting mixed up with the end goal! I’m sure it’s there. sarcastically ).

IP 119

IP Intellectual Property Government Invention 119

The IPKat

OCTOBER 25, 2021

In support of the invention, the patent provided data demonstrating the synergistic effect of example compounds falling under the scope of the claim against two different species of moth ( S. litura and P. xylostella ). xylostella. suppressallis ).

Invention 86

Invention Publishing Patent Application Art 86

43(B)log

JULY 20, 2023

Nepute argued that these were just educational materials and argued that, “in many cases, listeners were directed to the Quickwork website[s] for the express purpose of providing further health information.” Along with the claims, consumers were directed to websites where they could get a “free” bottle and buy additional bottles.

Government 52

Government Advertising Advertising Social Media 52

IP and Legal Filings

FEBRUARY 12, 2023

It is a longstanding topic of debate in economic and legal circles: Hot to marry the innovative bride and the competition groom?” [i] India should likewise adopt such standards in order to properly govern the world’s largest market economy. Liang and P. iv] Supra Note 3 at 10. [v]

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

LexBlog IP

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. of Chapter III of Part I of the 2019 Patent Examination Guidelines specifies that “[p]roduct design refers to the design of product design elements including GUIs.” Overview of current legislation in China. Article 2.4 In particular, Section 4.3

Design Patent 52

Design Patent Designs Design Patent 52

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. That’s because this bill is based on the U.K.

Privacy 137

Privacy Designs Design Business 137

IP and Legal Filings

MARCH 14, 2023

This essay first conceptualises traditional knowledge (TK) before critically analysing the advantages and disadvantages of some of the international efforts to improve TK’s protection and accessibility. A brief list of national remedies that have been applied in other nations is also included. 61 (2010). [iv]

Intellectual Property 52

Intellectual Property Journalism Ownership Higher Education 52

LexBlog IP

MARCH 27, 2023

The “GPT” in ChatGPT refers to the type of AI model that ChatGPT is, i.e., a G enerative P re-trained T ransformer. The “ P ” in ChatGPT stands for “Pre-trained” meaning that ChatGPT is an already-trained, ready-to-use model. So there is an element of caveat emptor with ChatGPT’s responses.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

LexBlog IP

SEPTEMBER 29, 2022

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). There’s no roar quite like a Nittany Lion’s! They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). Duck Boat Tours, Inc. 199 U.S.P.Q.

Trademark 52

Trademark Registration Music Intellectual Property 52

The IPKat

APRIL 29, 2024

The session was chaired by Judge Savvas S. He tackled the topic of his talk by considering the current status quo, whether we're running out of trade marks, the relationship between trade mark protection and freedom of competition, and concerns around overprotection of trade marks. T-610/21, T-458/21, R 1349/2022-5, and R 362/2023-4.

Reporting 57

Reporting Law IP Editing 57

SpicyIP

NOVEMBER 13, 2023

Image from here The World IP Indicator 2023 highlights India’s progress in the global patent race. Nodal Officers: Unbalancing Expedience and Fairness The MIB’s system of Nodal Officers to disable the unauthorized exhibition of films is extremely problematic, to say the least. Read Yogesh’s take on this to know more.

Trademark 59

Trademark Copyright IP Registration 59

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

In their Law360 Expert Analysis article, principals Kenneth Darby and Josh Griswold discuss the state of USPTO Director review since the Supreme Court’s decision in Arthrex. 4] Under the interim process, the director may conduct a review addressing any issue of law or fact raised by the board’s final written decision.

Patent 52

Patent Art Technology Law 52

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. For this, the court took an in-depth assessment of India’s obligations under TRIPS and the scheme of the GI Act. Case Summaries M/s Blue Heaven Cosmetics Pvt.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

JUNE 21, 2022

It’s dated June 6, and it’s different from the version publicly posted on the legislature’s website (dated April 28). I’m not sure what the June 6 draft’s redlines compare to–maybe the bill as introduced? Who’s Covered by the Bill? ” Ha ha.

Social Media 120

Social Media Law Publishing Reporting 120

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

For example, the Plan calls for “[s]upport[ing] market changes that strengthen supply chains, promote biosimilars and generics, and increase transparency.” One bill, the Stop Significant and Time-wasting Abuse Limiting Legitimate Innovation of New Generics (Stop STALLING) Act (S. Finally, the Prescription Pricing for the People Act (S.

Litigation 52

Litigation Settlement Patent Marketing 52

SpicyIP

MAY 14, 2022

The response to the competition was overwhelming in the previous years and we’ve received entries from law students across India on an impressive range of topics. The third was an essay competition held by CREATe on the topic of how Artificial Intelligence would change the practice of intellectual property law. Shamnad Basheer.

Intellectual Property Law 135

Intellectual Property Law Intellectual Property Law Editing 135

Technology & Marketing Law Blog

MAY 9, 2023

It’s a simple question that lacks a single answer, even from privacy experts. For the rest of us, it’s unquestionably not a good thing. We don’t want privacy experts making policy decisions about topics outside their swimlanes. The AADC pretextually claims to protect children’s privacy.

Privacy 101

Privacy Law Designs Design 101

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. S&M cases are fascinating in thinking about consent and criminality. ©’s claiming rules: especially subject to critique on notice grounds.

IP 59

IP Marketing Marketing Patent 59