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18 Mar 2024, 5:23 pm
This brought attention to the Detroit Institute of Arts (DIA), which was owned by the city since 1919 and possessed a valuable art collection. [read post]
19 Dec 2017, 3:13 pm
").Obviousness is a question of law, based on underlying factual findings, including what a reference teaches, whether a person of ordinary skill in the art would have been motivated to combine references, and any relevant objective indicia of nonobviousness. [read post]
2 Nov 2018, 5:22 am
The new independent claim was held to contravene Art. 123(2) and Art. 56 EPC. [read post]
17 Jun 2019, 10:00 pm
Examples of non-patentable subject matter includes algorithms, scientific laws, and abstract ideas. [read post]
10 Dec 2013, 11:53 am
In her judgment of 3 December, District Judge Clarke helpfully set out the law in detail, in order to "assist the unrepresented Defendant, who did not attend the hearing, in understanding it". [read post]
17 Jan 2017, 4:43 pm
Law Implemented Art. [read post]
2 Jan 2013, 9:17 am
No. 112- 29, 125 Stat. 284 (2011).KSR and Graham were both cited:Obviousness is a question of law, KSR International Co. v. [read post]
17 Jan 2017, 4:43 pm
Law Implemented Art. [read post]
24 Apr 2013, 5:01 pm
Having been introduced at the OPs before the Board without any previous indication, they are late filed and subject to a discretionary decision on their admissibility. [4.2] This approach is consistent with the case law (Case Law of, 6th edition 2010, VII.C.1.7), according to which a document considered during the examination procedure is not automatically scrutinised in opposition or opposition appeal proceedings, even it is quoted and acknowledged in the contested patent. [read post]
5 Feb 2014, 7:46 pm
Hilaire, Attorney & Counselor at Law, PLLC. [read post]
18 Jan 2023, 12:06 pm
Yuga Labs, again “subject to your continued compliance with these Terms”, grants the NFT owners a “an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art”. [read post]
U.S. Court of Appeals for the Fourth Circuit, Berg v. Kingdom of the Netherlands, Docket No. 20-1765
17 Feb 2022, 3:53 pm
Following World War II, many of the stolen artworks were returned to the Netherlands by the United States military under Collection Point Agreements in which the Netherlands agreed to hold the art as “custodians pending the determination of the lawful owners thereof. [read post]
6 Apr 2016, 7:24 am
"The question then becomes whether the current law on copyright is fair and makes sense. [read post]
23 Jun 2021, 6:20 pm
Of the issue of error, relevant to the obviousness portion of the case: Obviousness is a question of law based on underlying fact findings that we review for substantial evidence, including “whether a [person of ordinary skill in the art] would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so. [read post]
4 Jan 2022, 11:37 pm
The Kúria issued its decision following the CJEU ruling in late 2021 (not yet published online at the time of writing) and put an end to the case, ruling that the shape of the Gömböc cannot be protected under EU trade mark law. [read post]
2 Mar 2023, 7:01 am
Rothschild for the development of a case law in relation to NFTs may be limited to NFT projects in series and not to an NFT which has been minted in one unique copy and which is more similar to a piece of fine art. [read post]
1 Jun 2023, 9:08 am
Distinctiveness of the signs The Court reiterated settled case law on 3D trade marks consisting of the shape of the product. [read post]
16 Apr 2015, 3:18 pm
Kevin has done some guest blogging on Art & Artifice in recent times (here and here) as well as an earlier Katpost on US patent law reform (here). [read post]
1 Jan 2024, 1:59 am
Their external appearance can be protected by copyright, design, trade mark or unfair competition law, though there are limits. [read post]
27 Jun 2022, 6:03 am
The work is an extension of and in the spirit of other artists who have worked within the field of appropriation art”. [read post]
