whether the royalty is significantly higher than the R&D cost, historical royalty or comparable criteria, whether the royalty is beyond the territorial scope or the product
Legal systems are struggling to keep pace with the needs of the new information age. The traditional means of protecting IP rights are no longer fit for purpose in today’s seamless, high-tech-driven world. Those rights which are territorial in nature, meaning they only have a legal effect ...
He said that the tension between the territoriality of trademark rights and the global nature of the internet is something that businesses and brands have to live with. “Where there is the split ownership of the brand as in this case, it is not possible or justified to split the accessibili...
The test for determining whether there is infringement/ passing off trademark has been laid down in Amritdhara Pharmacy VS. Satyadeo Gupta[12]which states that “Any unwary purchaser of average intelligence and imperfect recollection would not, as the High Court supposed, spl...
It may seem that the Chatbot has been induced into performing some kind of reflection on its answer but, at the time of writing, that is not the case. The first 3 exchanges were simply collected into a prompt and presented back to the bot verbatim for further sequence prediction: in the...