Intellectual Property Archives

Post-dating Patent Applications: Frisk it Before You Risk it!

This post was published on August 08, 2014. Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today's post, however, unravels the puzzling question of how to claim priority even from a post-dated application! We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches,…

August 6, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1248Views 0Like

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Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

eCommerce Guidelines for Consumer Protection, 2019 – Draft for Comments

Government of India has recently published the eCommerce Guidelines for Consumer Protection, 2019, for comments of stakeholders. The guidelines follow the draft FDI policy for eCommerce entities and seek to protect consumer interests. They primarily focus on fraud, unfair trade practices, privacy protection, and transactional controls. They apply to eCommerce entities following the inventory model as well as marketplace model including intermediaries. Both products and services made available through eCommerce platforms are covered. The eCommerce guidelines seek to further tighten the…

August 6, 2019 BananaIP Reporter e-Commerce Law, Intellectual Property 0Comment 870Views 0Like

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Patent Claim Drafting – Preamble

This post was first published on July 16, 2014. It would have been very well drummed into a patent professional, Mr. X, who has just started drafting a patent specification that “claims form the heart of a patent application,” or the “name of the game is claim,” and so on. Very few might agree with me if Mr. X has been told to carefully consider the words and/or features and/or the language used in the preamble, as…

August 6, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 2088Views 0Like

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Court Limits the Scope of ‘Fair Dealing’ under Copyright law

This post was published on November 18, 2011. The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions…

August 6, 2019 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 747Views 0Like

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Sound Sign Posts – Patents for the Blind 2

This post was published on August 25, 2014. Last week we discussed the talking walking stick innovation. Today, I am here with another patent, brought to my attention by the reliable, Naveen. Banking on certain patents to navigate your way through the world, is not an uncommon feature in knowledge driven industries and I embark on a mission to learn a few tricks. This patent, filed in 2008, by Universidade Do Porto, Portugal, seems to be an outcome of Academic Research. The Guidance, navigation and…

August 5, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 872Views 0Like

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Salient Features of Patent (Amendment) Rules, 2011

This post was first published on March 15, 2011. The draft Patent (Amendment) Rules, 2011 have been notified for publication in the Gazette of India. Any objections or suggestions may be sent by email to chandni[dot]raina[at]nic[dot]in within 45 days from the date on which the official gazette, containing the notification, is made available to the public. This amendment rules have made it easier for patent applicants and practitioner by providing for online filing of documents. Following are the salient features of the…

August 5, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1644Views 0Like

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AI named as inventor in patent, AI to be inducted in Patent Office’s operations, 3M versus Saint-Gobain and more

“Patent News Bulletin: Indian Patent Statistics, Indian Design Statistics, Interesting Inventions, Artificial Intelligence based automated music composing model, Alert system to prevent smuggling of valuable trees, IPO clarifies on submission of Declaration under Rule 14.17 via ePCT, AI to be inducted in Patent Office’s operations, 3M settles patent lawsuit with Saint-Gobain, Vodafone faces patent infringement suit in Europe, China to amend patent law, USPTO proposes hike in patent fees, AI named as inventor in patent and more” presented to you…

August 5, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 842Views 0Like

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This image depicts the technological advancement that is 'stem cell regeneration'. It depicts the harvesting of stem cells in a perti dish and their development into a human organ. But is this miracle patentable? Click on the image to read the full post.

Patent: Stem Cell Patent Debate Never Dies

This post was published on May 2, 2011. The debate with respect to genetic and stem cell patents is alive with the European Court of Justice's (ECJ) preliminary opinion in March. According to the opinion, embryonic stem cells are not patentable because the use of totipotent stem cells amounts to the use of human embryos for industrial or commercial purposes. Since totipotent stem cells can develop into a human being and are derived from an embryo, they can be considered to…

August 5, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1122Views 0Like

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This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

Part II: Descriptive Marks – Can They be Protected?

This post was published on September 08, 2014. In the second post of this blog series, we shall be analyzing the US approach towards descriptive marks. In the US, a mark is merely descriptive if it “consists merely of words descriptive of the qualities, ingredients or characteristics of the goods or services related to the mark”, being enough if it describes one characteristic of said goods or services. Like in India, a mark which is merely descriptive or deceptively…

August 5, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1283Views 0Like

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The Impact of Parallel Import of Copyright on Publishers in India in Light of Copyright Amendment Bill, 2010

This post was first published on May 27, 2011. Parallel Imports occurs when authentic products are imported cheaply, without the consent of the producer who has a Trade mark, Copyright, Patent or other intellectual property right in these products, with the aim to compete with the producer’s own products, which he himself had originally marketed abroad at a lower price. This amendment aims to foster enhanced competition amongst distributors and thereby enable Indian consumers and students to access a wider range…

August 4, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1753Views 0Like

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Celebrating 20 Years of IP Excellence

Post-dating Patent Applications: Frisk it Before You Risk it!

eCommerce Guidelines for Consumer Protection, 2019 – Draft for Comments

Patent Claim Drafting – Preamble

Court Limits the Scope of ‘Fair Dealing’ under Copyright law

Sound Sign Posts – Patents for the Blind 2

Salient Features of Patent (Amendment) Rules, 2011

AI named as inventor in patent, AI to be inducted in Patent Office’s operations, 3M versus Saint-Gobain and more

Patent: Stem Cell Patent Debate Never Dies

Part II: Descriptive Marks – Can They be Protected?

The Impact of Parallel Import of Copyright on Publishers in India in Light of Copyright Amendment Bill, 2010

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