Five US models sued FashionGlama.com and two individuals for the use of their photographs (use of persona) for escort services, and on pornographic websites. These models had allegedly signed 6-month contracts for modelling services, and were shocked to find their photographs on unwelcome websites. The suit alleges fraud, misrepresentation, unauthorized use of photographs (use of persona), breach of reputation, and intentional infliction of emotional distress.
Though rarely pursued, such issues are very common in the Indian context as well. More…
National Protection:
Costa Rica has no registered GI for coffee but has included Geographical Indications and Denomination of Origin in the Law on Marks and other Distinctive Signs, 2000. To increase access to the international market with high quality products, iCAFE has established the program “seven regions, seven coffees”. In this program, important coffee regions with an individual profile were identified. However, it is still under discussion if a GI should be nation-wide or region-wide. But various national regulations…
After Teva, Mylan has recently settled its patent litigation with Pfizer. After the settlement, a generic version of the drug is expected to hit the market in 2017, instead of 2020, the year of patent expiry in USA. The early release of the drug is expected to reduce the cost of the drug, benefiting millions of users as it happened in Europe and Canada in 2013/2014.
The drug, Sildenafil, expired in Europe in 2013, and was the subject of patent…
Engineers at MIT (Massachusetts Institute of Technology) have developed a technique for forecasting technological advancement. Researchers successfully determined the improvement rates of 28 different technologies, including solar photovoltaic, 3-D printing, fuel-cell technology, and genome sequencing. They started by scanning approximately 500,000 technology related patents using a new method for selecting the patents that suit each technology. By analysing metrics of patents in each domain they found that some forward citations predict technological growth more than others. They devised an equation using…
Chapter VI of the Patent Rules, 2003 deals with Opposition proceedings. Rule 55 states that opposition by representation against the grant of a patent be duly field via Form 7 and sent to the Controller in duplicate. Rule 57 lays down rule regarding filing of a written statement of opposition and evidence.
By the Patents (Amendment) Act, 2005 a dichotomy was inserted for the first time in the Patents Act with effect from January 1, 2005 by providing for “opposition…
Does the Intellectual Property Regime play a role in promoting creativity? As stated by most governments, the objective of patent, copyright, design and other laws is to promote the progress of inventive activity and creativity. Are these laws actually achieving their stated objective? While most of us would like to believe that they are, no empirical study has been able to conclusively prove so far that IP laws actually promote creativity. The logical question that follows would be whether we…
Dr Kalyan was invited to speak as a panellist at a workshop conducted at the Indian Institute of Management Bangalore (IIMB), Ministry of Human Resource Development (MHRD), IPR Chair on IP Management. The “Primer on IPR’s and its Economics” workshop was aimed to shed light on the concept of IP and discuss its economic theories related to the film and advertising industry.
Date : 04/08/2015
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In latest news, Apple has been banned from launching its new Watch in Switzerland as in other European countries, scheduled to be on April 24, 2015, because of an Intellectual Property Rights issue. They cannot use the image of an apple or the word 'apple' to launch their product in Switzerland because of a trademark from 1985.
The trademark currently belongs to William Longe, who owns watch brand, Leonard, that first filed the trademark application. He applied to the Swiss…
In a wide array of videos popular on YouTube, gameplay videos have quite a fan following. These videos involve gamers playing some of the most popular games, for viewers to watch. While copyrights over such games are reserved with the developers, they often face allegations of copyright infringement. YouTube, in its attempts to discourage such infringing videos, has introduced “copyright strikes” whereby the account flagged by the content owner for alleged infringement receives a copyright strike from YouTube restricting the…
Calico, an independent R&D Biotech company established by Google Inc. and Arthur in 2013, is looking for ways to cure cancer, stop ageing and potentially make humans immortal. Google has been awarded a patent for ‘Nanoparticle Phoresis’ on March 5, 2015. The patent was filed in September, 2013 by Andrew Conrad, Head of Google’s Life Sciences division. The patent talks about Nanoparticle Phoresis which is a device that is able to transmit energy into a person’s body by radio frequencies, magnetic fields,…