First Publication Date: 7th January 2011
History of (trade)marks
Dating back to those barbarian times where majority of people could not read or write is when symbols became a logical method of letting people know, what belonged to whom? The earliest marks were that of marking of animals, so a farmer, rancher or lord could distinguish what animals belonged to whom. As commerce developed, marks began to serve a number of purposes. ‘Potters mark’ of Greek and Roman times appeared…
Recent Indian Trademark Statistics, The Girl Scout vs. The Boy Scout, New Trademarks by Rajinikanth, Simmba Movie Trademark License, Pethapur Blocks Obtains GI Registration and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A brand is a promise. A good brand is a promise kept”-Muhtar Kent
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office has picked up its pace with the upcoming year. The total number of applications published in the Trademark Journal…
First Publication Date: 6th January 2011
When the US sneezes, the world catches cold!
This statement holds absolutely true for debates over patent infringement damages. It has been just two days that United States Court of Appeals for the Federal Circuit (CAFC) pronounced the judgment in the much hyped Uniloc v. Microsoft case and the world is already drooling over the reincarnated debate. The facts, in a nutshell, involve Uniloc suing Microsoft over infringement of their patent related to software…
First Publication Date: 29th December 2010
In an extremely globalized world where we talk of reducing our carbon footprint, it is obvious that the leaders of tomorrow would be those who can use the alternatives to non renewable sources of energy to the fullest. Green technologies like Solar Energy, Hydel Power and Wind energy are being researched upon the world over and the least the governments can do is provide more and more incentives for development of these technologies.
The U.S.…
First Publication Date: 27th December 2010.
Intellectual Property Policy and Process set up is one branch of IP that has long been neglected by a majority of Indian companies especially the SMEs. Most Indian companies come to realize the importance of an IP Policy when they enter into negotiations/business deals/technology transfers with foreign companies or multinationals where the IP hygiene is relatively high. Such a wake-up call comes especially when Indian companies deal with companies from countries where the Intellectual…
First Publication Date: 26th December 2010.
The Non-obviousness standards required for biotechnology inventions have been interpreted by courts to be different from the generally accepted principles. In Hybritech v. Monoclonal , a case involving a patent over "Immunometric Assays Using Monoclonal Antibodies", the court held the patent non-obvious despite the existence of twenty prior art references because the prior art as a whole did not make the invention obvious at the time the invention was made. Though some references seemed to…
This post deals with filing of copyright registration application for protection of Sound recording. As elaborated in our previous post, audio books are protected under copyright act as sound recordings. With the rise of various platform for audio books, like Audible, Google Play Books, Kobo Books, Bookmobile, etc., the market for audiobooks is growing with tremendous pace. In this scenario, it is recommended that writers should file a copyright registration application for registering their audiobooks under copyright law.
Either the writer…
Film Producers Move High Court against Illayaraja in Copyright War, PPL Moves Bombay High Court Anticipating Copyright Infringement at New Year’s Events, TRAI: No Blackout of Subscribed TV Channels in New Framework, Censor Board Demands Changes in Thackeray Biopic, Spotify Settles $1.6 Billion Infringement Suit, Bar Sued for Copyright-Infringing Karaoke, Wynn Resorts Sues Genting over Hotel Design, Jennifer Lopez Sued for Posting Own Photo, Mattel Loses Licensing Rights to DC Toys, Marvel Signs Merchandising Deals for New Spider-man Movie and…
First Publication Date: 27th December 2010
To be patentable subject matter in USA, an invention should be a process, machine, manufacture or composition of matter or any improvement thereof. There are three judicially created exclusions to patentable subject matter in USA. They are Laws of nature, physical phenomena, and abstract ideas. Biotechnology (Biotech) inventions are considered to be eligible subjects as Compositions of matter or manufactures.
The exclusion most relevant for biotech inventions is 'Laws of nature' exclusion. US Courts…
First Publication Date: 22nd December 2010
The other day, while I was having a heated discussion with 2 fellow bloggers about the patentability of repurposed drugs i.e. patenting of new use of a known drug, we hit a road block with regard to patent value of an intermediate. The question raised was "Will a newly found first use of an already known intermediate be patentable in India?"
I am rephrasing the question for the purpose of this discussion.
“Will the exclusion criterion elaborated…