Intellectual Property Archives

Denial of Opportunity to be Heard Violates Principle of Natural Justice

This post was first published on 16th July, 2014. Today, we will take a look at a case where the IPAB ruled in favor of the appellant, remanding the case back to the Controller on the principle of natural justice! Telefonaktiebolaget Lm Ericsson (Publ) (Appellant) v/s Controller General of Patents and The Assistant Controller of Patents (Respondents) Case: This particular order is in response to an appeal filed by Ericsson against the order passed by The Assistant Controller of Patents rejecting the…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1092Views 0Like

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“Children, Don’t Just Invent, File Patents!”

This post was first published on 14th November, 2014. The secret of genius is to carry the spirit of the child into old age - Aldous Huxley Every child is a genius. I wish all SiNApSE readers a very Happy Children's Day. This post brings you the knowledge about 4-year-old Sydney Dittman, who invented an aid for using knobs, called Aid for grasping round knobs (US 5231733), an extremely useful invention for the disabled. She invented it while playing with her toys…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 661Views 0Like

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Reverse Engineering is Legitimated by Reason: Sega v. Accolade

This post was first published on 11th November, 2014. In one of our recent posts on reverse engineering, we discussed fair use for intermediate copying. Today, we will look into another landmark case that legitimizes copying based on a justifiable reason! In Sega v. Accolade, Accolade used a two-step process to create video games compatible with the Sega Genesis game console. The first step was to reverse engineer the system and create a development manual. Accolade purchased a Genesis video game console and three…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Patents 0Comment 1269Views 0Like

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Batmobile – Supercar or Character?

This post was published on 18th March, 2014. In a copyright infringement suit between the DC comics (Plaintiff) vs. Mark Towle (Defendant) the United States Court of Appeals for the Ninth Circuit is to decide whether the Batmobile is protectable under copyright laws. Batmobile is a renowned vehicle that the caped crusader a.k.a. Batman uses for fighting crime in the city of Gotham. Known for its aesthetics, aerodynamics, and features such as jet engine afterburner, torpedoes/missile launchers, automatic tire inflator and…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1046Views 0Like

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Patent War: Is the US Arm-twisting India?

This post was first published on 4th September, 2014. India’s domestic Patent Laws have flourished prominently and recent patent rulings have suggested that Indian Patent Laws are consumer friendly. However, recent discussions with the US prompted a need for us to defend our IPR regime. In their view, the underlying Indian Law still tends to favor weaker rather than stronger protection of IP. A number of issues raised in negotiations on TRIPS regime for implementation of Patent Laws in developing countries such…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 673Views 0Like

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Patently Asia – A Drug War!

This post was first published on 25th November, 2014. Japanese Patent about a pain-killing drug extracted from 'Kratom' (Mitragyna Speciosa), a well-known Southeast Asian medicinal plant, is creating contradictions. Patent documents and other publications reviewed, are silent on the origin of Kratom utilized by Chiba and Josai. Patents have been issued in Japan and the US, and patent applications may be pending elsewhere. How the Plant became a Painkiller drug? In the early 2000s, Japanese researchers began analyzing compounds extracted from Kratom as part of a program to assess medicinal…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 852Views 0Like

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Wacky Patents 2 – Ouija Board

This post was first published on 14th November, 2014. Next up in the series of Wacky Patents is a board game which has spooked people for ages! This humble board game has been a source of spook for many. Ouija (pronounced wee-jee) is derived from compounded French word, ‘Oui’ and German word, ‘Ja’, both meaning “Yes”. It was originally a trademark owned by Kennedy Novelty Co. which later became generic when people started to use the word for any talking board. What…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1278Views 0Like

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Indian Patent Portfolio of German Car Manufacturers

This post was first published on 16th April, 2012. Germany is considered to be the birthplace of the automobile since late 1870's when Karl Benz and Nikolaus Otto independently developed four-stroke internal combustion engines. Germany has the largest share of passenger car production in Europe with over 29% market share, followed by France (18%), Spain (13%) and the United Kingdom (9%). Nearly six million vehicles are produced in Germany each year, and approximately 5.5 million are produced overseas by German brands.…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents, Sports Law 0Comment 964Views 0Like

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Statement of Working to Compulsory Licensing – Are We Missing Something?

This post was first published on 8th April, 2011. As pointed out by Supriya in her post, a compulsory license may be granted if a patent is not worked in India and reasonable efforts are made to acquire a license. Does the working of a patent in India mean that the patented invention must be manufactured in India? Reading of sections 83 and 84 of the Patents Act take us to that logical conclusion. The sections clearly point out that working…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 650Views 0Like

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Patents and Olympics

This post was first published on 25th July, 2012 The 2012 Summer Olympic Games is scheduled to take place in London, United Kingdom, from 27 July. Since the Olympics is around the corner, we would like to share some interesting patents issued pertinent to athlete performance. The patent (US6013007) discusses about a Global Positioning System (GPS) based personal athletic performance monitor for providing an athlete with real-time athletic performance feedback data. A feedback device, worn by the athlete is configured…