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Design Patents

  • 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
  • Crayon Wars!
    Justice Patel has for long, been known for his delightful and insightful judgments. Earlier this month, he delivered another gem in a dispute surrounding crayons between Faber-Castell (hereinafter ‘FC’) and Cello. FC contended that Cello had infringed on its design and copyright and was attempting to pass off its crayons ... Read More
    Source: Spicy IPPublished on 2015-09-15By L. Gopika Murthy
  • Spicyip Tidbit: IP Office provides (much needed) clarification in Designs Act
    Till recently, the provisions of the Design Act were being interpreted by the IPO as being applicable and giving protection only to the object applied for in the application, i.e. the registration was limited to only the model depicted in the application, or a limited application.   Let me illustrate ... Read More
    Source: Spicy IPPublished on 2015-08-23By Rajiv Kr. Choudhry
  • Recruitment of examiners of patents and designs – IPO
    Some of our readers would be glad to note that our patent office is conducting a recruitment drive for examiners of patents and designs at our patents offices.   This is certainly music to the ears of not just the inventors, but also to industry and the patent office, as ... Read More
    Source: Spicy IPPublished on 2015-07-27By Rajiv Kr. Choudhry
  • What, exactly, does industrial design protect?
    By Richard Stobbe What, exactly, does industrial design protect? The recent decision Zero Spill Systems Inc. v. Heide, 2015 FCA 115, reviewed this question. In the trial level decision, Zero Spill sued a competitor for infringement of Canadian Industrial Design No. 86,793 (the ’793 Design), based on the competitor’s sales ... Read More
    Source: ipblog.caPublished on 2015-05-27By Richard Stobbe
  • Trade Dress Updates: “Beauty” does not cut it
    By Richard Stobbe A recent decision of the US Federal Court (see: Apple, Inc. v. Samsung Electronics Co., Ltd. May 18, 2015) reviewed the jury decision in Apple’s famous infringement lawsuit against Samsung. You may recall that Apple’s 2011 lawsuit alleged that Samsung infringed Apple’s utility patent rights, ... Read More
    Source: ipblog.caPublished on 2015-05-21By Richard Stobbe
  • Apple Watch Design Patent
    By Richard Stobbe As we reviewed in our previous post – Industrial Design as a Competitive Tool – the value of strategic industrial design protection (also called a “design patent” in the US) should not be underestimated. Yesterday, the USPTO issued a registration for the Apple Watch, which ... Read More
    Source: ipblog.caPublished on 2015-05-07By Richard Stobbe
  • Amendments to Canadian Intellectual Property Laws by 2017
    –  By Richard Stobbe The Canadian Intellectual Property Office has indicated that the amendments to the Trade-marks Regulations (and in particular the accession to international trademark treaties), the amendments to the Industrial Design Regulations and amendments to the Patent Rules will not be finalized until later 2016, and possibly as late ... Read More
    Source: ipblog.caPublished on 2015-04-15By Richard Stobbe
  • Enforcing Keyboard Patents (BlackBerry v. Typo)
    . By Richard Stobbe A year ago, BlackBerry sued Typo Products LLC for patent infringement, based on the design of a snap-on keyboard. Typo’s physical keyboard was designed to attach to an iPhone, in order to mimic a BlackBerry-style QWERTY keyboard. The design was, in BlackBerry’s view, imitation that went ... Read More
    Source: ipblog.caPublished on 2015-02-05By Richard Stobbe
  • Delhi High Court to Test the Vires of S.15(2) of the Copyright Act: Mukul Goyal v. UoI
    Before the year ends, we thought it fit to bring you a hard hitting IP development that will have significant ramifications for the future of the copyright design interface. The highly controversial S.15(2) of the Indian Copyright Act has come under the juridical scanner of the Delhi High court in ... Read More
    Source: Spicy IPPublished on 2014-12-31By Thomas J. Vallianeth
  • Industrial Design as a Competitive Tool
    By Richard Stobbe Industrial design law in Canada protects the visual features of shape, configuration, pattern or ornamentation which are applied to a product. Functional elements are not protected. Think of the unique shape of a bottle. The functional elements – such as a handle, a cap or lid – those ... Read More
    Source: ipblog.caPublished on 2014-05-21By Richard Stobbe
  • Ok… so BlackBerry Can Patent a Keyboard!
    As a follow-up to our earlier post (Can BlackBerry Patent a Keyboard?), a US court on Friday issued a preliminary injunction in a dispute between the BlackBerry maker and start-up Typo Products LLC which sells a snap-on keyboard for the iPhone. The preliminary court order prohibits Typo from the sale of ... Read More
    Source: ipblog.caPublished on 2014-03-31By Richard Stobbe