Remove topics adverse-judgments
article thumbnail

Does the sign “eat clan people” carry an association with cannibalism and thus produce an “adverse effect”?

The IPKat

8) of the Trade Mark Law of China (TML, 2013 Amendment),* an absolute ground for refusal and invalidity that applies when a sign is ‘detrimental to socialist morality or mores or having any other adverse effect’. as ‘People who have common traits in eating’, which from its meaning per se , did not constitute an ‘adverse effect’.

article thumbnail

Never Too Late: if you missed the IPKat last week

The IPKat

Asia Correspondent Tian Lu summarised a recent judgment of the Beijing High People's Court on whether a sign which was the subject of an application to China's Trade Mark Office which means "Eat Clan People" carries an association with cannibalism producing an adverse effect, given the adverse effect clause of China's Trade Mark Law.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

What is a Method of Medical Treatment?

IPilogue

As part of the course requirements, students were asked to write a blog on a topic of their choice. The justification for the prohibition is agreeable: fear of patent infringement should not deter medical practitioners from applying their exercise of skill and judgment (see Janssen v Mylan at para 53 ).

article thumbnail

SpicyIP Weekly Review (July 26 – August 1)

SpicyIP

Topical Highlight. She notes that the recommendations adversely impact research and education avenues, especially during a pandemic, and threaten to reduce an already rigid Section 52(1) to a footnote in the proprietary copyright regime. A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System.

Reporting 116
article thumbnail

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

or LGL), seeking a declaratory judgment of non-infringement and/or fair use for the entire Prince Series. Barton Beebe’s empirical work on this topic. Goldsmith moved for summary judgment, seeking a ruling that all of the 16 works in the Prince Series infringed her copyright. In the first, Sony Corp. of America v.

article thumbnail

2021 Post-Grant Report

Fish & Richardson Trademark & Copyright Thoughts

Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. The district court subsequently ruled on judgment as a matter of law that HP was estopped from arguing obviousness at trial. Institution Reviewability.