How Do you Protect Patents from Judicial and Expert Hindsight?

Submitted by editor on Mon, 02/04/2018 - 11:53

Prof Robertson then took to the floor and gave a fascinating presentation on hindsight bias, noting that over 800 papers have been published on the topic (across many different fields, not just patents). The audience learned that hindsight bias is very much part of human nature. Further, this issue is not restricted to mere mortals, but experts and judges have the same problems (and sometimes worse). It has been psychologically proven that once we know that a particular event has happened (e.g.

Read more

Establishing Bona Fide Use in the Middle East and Africa

Submitted by editor on Mon, 02/04/2018 - 09:46

The bona fide use requirement in the Middle East and Africa differs significantly from that in the United States. We examine the different evidence that may be considered when challenging an applicant's use in administrative or court proceedings.
Beginning with an overview of the statutory provisions on use in the local trademark laws along with the various procedural contexts in which the issue may arise this article examines the different evidence that may be considered when challenging an applicant's use in administrative or court proceedings.

Read more

Maghreb: A Rapidly Developing Historical Region

Submitted by editor on Mon, 02/04/2018 - 09:27

The Maghreb region, known for its tourist and historical sites, has been experiencing its own industrial revolution over the span of the past several years. From West to East, the region is comprised of Morocco, Algeria, Tunisia, and Libya.With a total population in excess of 90 million, the region has attracted its share of business and development.Algeria and Morocco account for the majority of this market with populations of 40 million and 35 million,respectively. Tunisia, a much smaller country in land size, has a population of over 11 million.

Read more

Can Mattel be prevented from making its own Frida Kahlo Barbie doll?

Submitted by editor on Thu, 22/03/2018 - 12:23

Mexican artist Frida Kahlo de Rivera has left an incredible legacy, and this is arguably true with regard to both her art and personal life and image.

It is therefore no surprise that quite a lot of initiatives, including films, restaurants, merchandising, games and even emjois, have been dedicated to this artist.

Also Mattel has recently decided to honour Kahlo by dedicating her one of its signature Barbie dolls as part of its Barbie Inspiring Women Series, unveiled on International Women's Day 2018. The Frida Kahlo Barbie has been chosen on account that

Read more

The 5 Pointz case: a response (on the risk of cultural gatekeeping in copyright)

Submitted by editor on Thu, 22/03/2018 - 12:20

The recent decision in the 5 Pointz case [here] has brought back to centre stage one of the quirks of US copyright law: the right to object to any intentional or grossly negligent destruction of works of recognized stature (US Code, Title 17, 106). As explained by Kat friend Mira Sundara Rajan in a recent commentary of the case [here], this right was introduced by the 1990 Visual Artists Rights Act (VARA) under the umbrella doctrine of moral rights (although this right goes beyond what the moral right doctrine traditionally entails).

Read more

Who Owns the Trademark Rights to Tesla/SpaceXs Roadster?

Submitted by editor on Tue, 20/03/2018 - 12:06

Today I write with a thought-provoking question: Just who owns the trademark rights to Telsa/SpaceX’s Spaceman Roadster? Tesla? SpaceX? Perhaps even humanity?

Read more

Lawsuit Verdict Makes Grumpy Cat Smile

Submitted by editor on Tue, 20/03/2018 - 11:38

For anyone unfamiliar with internet cat personalities, Grumpy Cat is a well-known feline whose dwarfism and under-bite culminate in a perpetual and adorable our expression. Grumpy Cat's real name is Tardar Sauce. In 2012, when Tardar Sauce was only a few months old, she became an internet sensation after a photo of her endearing scowl was posted on Reddit. Since that time, Tardar Sauce has made several public appearances, and was named to Forbes' list of Top Pet Influences.

Read more

Swedish Supreme Court Says that Painting Based on Photograph is New and Independent Creation and Hence Non-infringing

Submitted by editor on Tue, 20/03/2018 - 11:01

Exhausted after several days of intense work, I (finally) afforded the luxury of watching some TV. Zapping my way through the channels, I stumbled upon something called Domstolen (ENG:The Court), a reality TV-show in the form of a reportage, based on somewhat recent court cases and judicial developments in Sweden. Just as I was about to zap away to the next channel there appeared a case concerning copyright infringement.

Read more

The Protection of Genetic Resources, Traditional Resources and Folklore 35 Meetings

Submitted by editor on Tue, 20/03/2018 - 10:29

n a few days it will be time for the next meeting (the 35th one in fact) of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Between the 19th and the 23rd of March, the members of the Intergovernmental Committee will convene in Geneva to discuss issues related to the protection of traditional knowledge, genetic resources and traditional cultural expressions. (This body is a WIPO Intergovernmental Committee with the mandate to conduct text-based negotiations for the adoption of legal instruments for the protection

Read more

First and Second Medical Use Claims

Submitted by editor on Tue, 20/03/2018 - 09:43

First medical use: In English law, claims broadly in the form "X for use Y" are understood to mean that the claim protects a product X, which is suitable for the purpose Y. Such claims are product claims and are typically seen in the form of a pharmaceutical compound for use as a medicament: "X for use as a medicament".

To read the whole story please see the link below:

Read more

Subscribe to Articles