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Design Patents

  • USPTO To Reveal New Design For Patents This Week
    The United States Patent and Trademark Office (USPTO) will make public the new design for patents this week at the South by Southwest (SXSW) Interactive Festival in Austin, Texas. The new design will first be used on patent number 10 million, expected to issue this year. There have fewer than ... Read More
    Source: IP WatchPublished on 2018-03-06By William New
  • IP Protection in the Fashion and Apparel Industry (Part 2)
    . By Richard Stobbe As noted in Part 1, IP rights in the fashion and apparel industry are fiercely contested. Fashion products can be protected in Canada using a number of different IP tools, including: confidential information patents industrial design or “design patent” trademarks trade dress copyright personality rights. For ... Read More
    Source: ipblog.caPublished on 2018-03-02By Richard Stobbe
  • Between a Croc and a Hard Place – Delhi High Court Rejects Interim Protection for Crocs’ Registered Designs
    The Delhi High Court, in it’s judgement in Crocs v Liberty and Ors., on February 8, rejected Crocs Inc.’s applications for interim injunctions against the breach of copyright in their registered design. Mr. Justice Valmiki Mehta disallowed the applications for injunction, finding that Crocs’ designs for its namesake clog-type (see ... Read More
    Source: Spicy IPPublished on 2018-02-22By Divij Joshi
  • Delhi High Court Vacates Injunction in Plaintiff’s Favour in a Case on the Design of Ball Point Pens
    In a comprehensive and well-reasoned judgment issued last month, Justice Valmiki Mehta of the Delhi High Court (“Court”) vacated an interim injunction in a design infringement case. While the facts of the case are fairly straightforward and the conclusion arrived at by the court is founded upon a ... Read More
    Source: Spicy IPPublished on 2018-02-04By Rahul Bajaj
  • IP Protection in the Fashion and Apparel Industry (Part 1)
    . By Richard Stobbe Complex technology like blockchain is in fashion. What about IP protection for seemingly simple items like shirts, shoes and undergarments? As competitors jostle for position in the fashion and apparel marketplace, how do intellectual property rights apply?  Make no mistake, IP rights in the fashion and ... Read More
    Source: ipblog.caPublished on 2018-01-30By Richard Stobbe
  • Global Patents Soar Again As China Tops Patent, Trademark, Design Filings
    Innovators around the world filed 3.1 million patent applications in 2016, up 8.3 percent in a seventh straight yearly increase, WIPO’s annual World Intellectual Property Indicators (WIPI) report shows. The report, WIPO’s annual report, released at the United Nations in Geneva today, showed China topping patent, trademark and design filings ... Read More
    Source: IP WatchPublished on 2017-12-06By Peter Kenny
  • WIPO General Assembly Wrap: Many Decisions Made, But External Offices, Design Treaty Left Hanging
    After an intense 10 days of negotiations, World Intellectual Property Organization delegates this week managed to close all items of the organisation's annual General Assemblies, with major decisions taken, such as the approval of the 2018/2019 budget, and a new mandate and work programme for the committee on the protection ... Read More
    Source: IP WatchPublished on 2017-10-13By Catherine Saez
  • WIPO: New 2-Year Mandate For Traditional Knowledge Committee; Design Law Treaty Stalls
    Late tonight on the last day of the annual World Intellectual Property Organization General Assembly, delegates agreed on a mandate and a work programme of the committee seeking ways to protect genetic resources, traditional knowledge, and folklore from misuse and misappropriation. Meanwhile, no agreement was found on the convening of ... Read More
    Source: IP WatchPublished on 2017-10-12By Catherine Saez
  • Clock Ticking For WIPO Assembly To Agree On Budget, Design, Genetic Resources
    This morning no breakthroughs were reported by delegates chairing informal meetings to reach consensus before the end of the annual World Intellectual Property Organization General Assembly tomorrow. Agreement still has to be reached on the most political issues, such as the budget, the mandate of the committee on genetic resources ... Read More
    Source: IP WatchPublished on 2017-10-10By Catherine Saez
  • WIPO Assembly Snapshot: Decisions Adopted; Budget, Traditional Knowledge, Designs Still On Table
    With three days remaining at the annual World Intellectual Property Organization General Assembly, delegates are still seeking agreement on the 2018/2019 budget, the mandate of the committee on the protection of genetic resources and traditional knowledge, and an update to the international treaty on design law. A number of decisions ... Read More
    Source: IP WatchPublished on 2017-10-09By Catherine Saez
  • EU Commission Position Paper On IP And Brexit Covers Trademarks, Designs, GIs
    To say Brexit is a conundrum is almost a euphemism, the list of issues to settle between the 27 remaining European Union members and the United Kingdom seems bottomless. Intellectual property is no exception, and the European Commission Brexit-dedicated taskforce just issued a position paper on IP, setting out principles ... Read More
    Source: IP WatchPublished on 2017-09-13By Catherine Saez
  • Dysfunctional judgements on functionality and design law
    Image from here A few months ago, when I wrote on a Delhi High Court judgment in the Carlsberg design infringement case, I received a few comments and emails protesting my claim that Indian design law does not penalize designs which also have a functional aspect. The issue of functionality ... Read More
    Source: Spicy IPPublished on 2017-08-05By Prashant Reddy
  • The Delhi High Court misses another opportunity to rule on the new Section 52(1)(w) in context of engineering drawings
    Image from here In a recently delivered judgment, the Delhi High Court was once again faced with a plaintiff seeking an interim injunction restraining a defendant from manufacturing a product on the grounds that it was infringing the plaintiff’s copyright in its engineering drawings. The plaintiff Holland L.P. and ... Read More
    Source: Spicy IPPublished on 2017-08-03By Prashant Reddy
  • Stakeholders Collectively Designing Future Of Artificial Intelligence
    Designing a world where humans have to share space with robots is not an easy task. Several initiatives are looking at ways to address issues linked to the main fuel of artificial intelligence: data. Such issues include privacy, data ownership and sharing, but also making sure that artificial intelligence will ... Read More
    Source: IP WatchPublished on 2017-06-14By Catherine Saez
  • Calcutta High Court Clarifies the Scope of ‘New And Original Design’ and the Responsibility Of Controller In Issuing Orders In Two Recent Decisions
    Image from here The Calcutta High Court in two recent decisions has clarified some important aspects of the Designs Act, 2000 (“the Act”). Both cases were appeals to the High Court against the orders of the Controller of Designs, under Section 36 the Act. Our previous posts on the law ... Read More
    Source: Spicy IPPublished on 2017-06-08By Divij Joshi
  • Passing Off and Design Infringement: The Conflict
    A few days ago, I had discussed a Bombay HC Order involving Cello and Modware. Justice Patel had provided relief to Cello on account of Cello successfully establishing, prima facie, both passing off and design infringement. Prashant, after reading the piece, put forth the following query: “If the design of the bottle is ... Read More
    Source: Spicy IPPublished on 2017-05-23By Prateek Surisetti
  • Cello v. Modware #Design Infringement #Passing Off
    I write to bring you an analysis of a Bombay HC Justice Patel Order that discusses passing off and design infringement in a mind-bogglingly interesting context… two water bottles. While being incredibly clear at times, the Order was equally ambiguous at places. I shall point these “ambiguities” out over the ... Read More
    Source: Spicy IPPublished on 2017-05-17By Prateek Surisetti
  • Carlsberg v. Som Distilleries: Beer meets design law in an interesting judgment
    In a judgment running into 119 pages, Justice Vipin Sanghi of the Delhi High Court has declined to grant Carlsberg an interim injunction in a composite lawsuit filed for design infringement and passing off against Som Distilleries, the manufacturers of ‘Hunter’ beer. The winning side was represented by Senior Advocate ... Read More
    Source: Spicy IPPublished on 2017-05-08By Prashant Reddy
  • WIPO Committee Moves Ahead On Country Names, Tech Designs, Not GIs
    Establishing a work programme on geographical indications at the World Intellectual Property Organization last week proved elusive. A tentative text and time frame by the chair of the committee on trademark and geographical indications (GIs) issued on the last day of the committee did not meet the approval of some ... Read More
    Source: IP WatchPublished on 2017-04-03By Catherine Saez
  • New Draft Work Programme On GIs At WIPO; Industrial Design Pushed To General Assembly
    A tentative way to continue conversing about geographical indications (GIs) at the World Intellectual Property Organization committee on trademarks and GIs was tabled by the committee chair today. The suggested approach includes a questionnaire to member states on the different ways GIs are addressed by national and regional systems. Meanwhile, ... Read More
    Source: IP WatchPublished on 2017-03-29By Catherine Saez
  • In a Welcome Development, Delhi High Court Refuses to Compel Intermediaries to Screen Content Violative of Intellectual Property Laws on an Ex-ante Basis
    One issue that has received sustained attention on this Blog has been the determination of the width and amplitude of the responsibility of intermediaries for the removal of content that is violative of intellectual property laws. In this respect, we have covered such diverse issues as the implications ... Read More
    Source: Spicy IPPublished on 2017-03-07By Rahul Bajaj
  • Indigenous Peoples At WIPO Call For Respect Of Their Sovereign Rights, Prevention Of Cultural Genocide
    A panel of indigenous peoples speaking at the United Nations World Intellectual Property Organization on a potential treaty protecting their folklore from misappropriation asked that indigenous culture be recognised as unique, and not unduly considered as belonging to the whole of mankind. The keynote speaker chastised the United States position ... Read More
    Source: IP WatchPublished on 2017-03-02By Catherine Saez
  • Unauthorised Streaming Of TV Broadcasts Breaches Copyright, EU High Court Rules
    Internet television broadcasting service TVCatchup (TVC) may not offer live streams of free-to-air TV broadcasts without permission, the European Court of Justice (ECJ) said in a 1 March judgment. ... Read More
    Source: IP WatchPublished on 2017-03-02By Dugie Standeford
  • WIPO Committee On Protection Of Folklore: Shall We Dance?
    It is generally held that traditional cultural expressions reflect communities’ cultural and social background and include elements of their heritage. For indigenous and local communities, those expressions of their traditional culture are vital. Next week, World Intellectual Property Organization committee members are expected to advance on a draft treaty text ... Read More
    Source: IP WatchPublished on 2017-02-24By Catherine Saez
  • ARIPO, OAPI To Harmonise Practices On Intellectual Property In Africa
    The African Regional Intellectual Property Organization (ARIPO) and its sister organisation, Organisation Africaine de la Propriété Intellectuelle [African Intellectual Property Organization] (OAPI) have signed a memorandum of understanding to harmonise the intellectual property systems of the two institutions. ... Read More
    Source: IP WatchPublished on 2017-02-21By Hillary Muheebwa
  • The New Caribbean Patent Convention And Caricom Stasis
    The creation of the Caribbean Patent Convention under the auspices of Caricom is a long awaited and most welcome development towards the harmonization of intellectual property laws in the region. Even more importantly, it is an indication that Caricom leadership has at long last, after a lengthy period of stagnation ... Read More
    Source: IP WatchPublished on 2017-02-07By Guest contributor
  • Year Ahead: Copyright Issues Rank High On EU To-Do List This Year
    Copyright, copyright and more copyright tops Europe's intellectual property agenda for 2017. With the EU institutions mulling major reforms to copyright laws, publishers are pushing for a right to bar unauthorised copying or reuse of their content for commercial purposes, audiovisual authors for fair remuneration for use of their works ... Read More
    Source: IP WatchPublished on 2017-01-25By Dugie Standeford
  • ARIPO Lines Up IP Enhancing Activities For 2017
    CAPE TOWN, South Africa – From establishing training schemes, exchange expertise, sharing research, and helping members acquire and develop technology related to intellectual property and shape copyright associated rights, the African Regional Intellectual Property Organization (ARIPO) has set targets for implementation in 2017. ... Read More
    Source: IP WatchPublished on 2017-01-13By Munyaradzi Makoni
  • ARIPO Amends Protocol On Patents, Utility Models And Designs
    The Harare Protocol on Patents, Industrial Designs and Utility Models has been amended. The amendments were adopted by the 40th Session of the African Regional Intellectual Property Organization (ARIPO) Administrative Council, and came into operational effect from 1 January 2017. ... Read More
    Source: IP WatchPublished on 2017-01-06By Hillary Muheebwa
  • WIPO: China Leads IP Applications Worldwide Again; Asia Dominates IP Activities
    The World Intellectual Property Indicators 2016 report sounds like a refrain, but with some superlatives when it comes to China, which became the first intellectual property office ever to register over a million patent applications in a single year, in 2015. Against a background of bleak global growth, IP activities ... Read More
    Source: IP WatchPublished on 2016-11-23By Catherine Saez