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Design Patents

  • 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
  • Poland To Simplify Patent Procedures, Amend Patent Attorney Law

    Poland’s Ministry of Economic Development has announced it is developing a package of 11 executive ordinances - of which nine are yet to be signed by the minister - to improve the procedures for obtaining trademarks and contacting the Polish Patent Office, reduce the costs of registering and protecting trademarks ... Read More
    Source: IP WatchPublished on 2016-10-28By Jaroslaw Adamowski
  • Dart Industries Inc. & Ors. v Techno Plast & Ors: Resolving the Copyright-Design Conundrum

    The apparent conflict between the Copyright Act and Designs Act has led to much litigation in recent times which we have covered extensively on the blog here, here, here and here. This conflict arises due to the overlaps in both these IP regimes which provide for different terms of protection ... Read More
    Source: Spicy IPPublished on 2016-09-07By Vasundhara Majithia
  • The Narrow Gets Narrower: The Tale of Artistic Works and Exceptions

    The conundrum posed by the varying protection accorded by the Designs Act, 2000 and Copyright Act, 1957 for artistic expressions, especially industrial machinery, and the attempts by litigants to strategically make use of this confusing relationship have been well documented on this blog (see for instance, here and here). A ... Read More
    Source: Spicy IPPublished on 2016-08-31By Balu Nair
  • Its all about the shape – design infringement and passing off

    Just like other aspects of civilisation and life, shapes too had humble beginnings. The clean and simple – circles, squares and triangles, the most basic shapes of our planet, laid the foundation for today’s complicated designs and patterns. Also, as we have heard, shapes were used to communicate and as ... Read More
    Source: Spicy IPPublished on 2016-08-21By Aparajita Lath
  • “Wow Moments” and Industrial Design Infringement

    By Richard Stobbe An inventor had a “wow” moment when he came across a design improvement for cold-weather visors – something suitable for the snowmobile helmet market. The helmet maker brought the improved helmet to market and also pursued both patent and industrial design protection. The patent application was ultimately ... Read More
    Source: ipblog.caPublished on 2016-06-28By Richard Stobbe
  • Ritu Kumar v. Biba : Designs free at 50?

    Ambiguity surrounding the “design” and “artistic works” relationship continues to plague the industry, especially the fashion industry. The fashion industry has long been touted as one of the most ‘creative’ industries. One of the reasons for innovation and creativity in this industry is the market itself. This paper title “piracy ... Read More
    Source: Spicy IPPublished on 2016-06-02By Aparajita Lath
  • IP Infringement Claim Against Canadian Company Stays in U.S.

      By Richard Stobbe Where should a lawsuit be heard? Canada? The US? In other posts we discuss the idea of a “choice of law” and “forum selection” clauses in contracts. In those cases, the parties agree to a particular forum in advance. What if there is no contractual relationship? There’s ... Read More
    Source: ipblog.caPublished on 2016-05-12By Richard Stobbe
  • Amendments to Canadian Intellectual Property Laws …Delayed

    . By Richard Stobbe As an update to our earlier post, we note that the Intellectual Property Institute of Canada, in its most recent bulletin, is estimating that the anticipated changes to Canada’s intellectual property laws – including the overhaul of trademark laws under new Trademarks Regulations, as well as ... Read More
    Source: ipblog.caPublished on 2016-01-11By Richard Stobbe
  • Spicy Tidbits: Novelty with respect to the administration of IPRs: New Draft Patent Rules and a New Controller General of Patents, Designs and Trademarks

    We bring to you two new tidbits about the IPR scene in India. A new set of draft rules amending the Patent Rules, 2003 have been released by the DIPP. The new draft rules are available here. It is interesting to note that there are changes in the patent working ... Read More
    Source: Spicy IPPublished on 2015-10-30By L. Gopika Murthy
  • Final IP Policy draft leaked!

    [15/10/2015 Update: As reported by LiveMint — DIPP Secretary Amitabh Kant clarifies that this is not the final policy, only the final draft as submitted by the IP Think Tank. He says that the Government will make the final policy and it’ll be announced in 30-45 days. Presumably this means ... Read More
    Source: Spicy IPPublished on 2015-10-13By Swaraj Paul Barooah