Intellectual Property Archives

MakeMyTrip Sues for Infringement, Taiwan Beverage in India, The Bitter Beer Smell of Darts and other news

Indian Trademark Statistics for December (Fourth Week) 2018, GOT Merchandize by Masaba, Fight for the Fallen Trademark, MakeMyTrip Sues for Infringement, Assam’s Rice Wine to be applied for GI Registration and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Every advertisement should be thought of as a contribution to the complex symbol which is brand image”- David Ogilvy INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a slow week. The total…

December 26, 2018 BananaIP Reporter Intellectual Property, Trademarks 0Comment 840Views 0Like

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This image depicts a DNA strand. The DNA forms the basis of all life forma and conquering it is the challenge for biotechnology. This post is about the patentability of biotech inventions. Click on the image to read the full post.

Biotechnology and Patent Challenge

First Publication Date: 19th December 2010 Since its inception, patent law has been customized and fine-tuned by governments to meet the needs of evolving technologies. Strong basic principles have evolved to cater to the needs of traditional fields of science and technology, and they have been working well in promoting progress. However, these basic principles have utterly failed in a number of ways when applied to Modern Biotechnology. The unique nature of Modern Biotechnology is the main reason for this failure. Why…

December 25, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 844Views 0Like

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Indian Patent Statistics, Interesting inventions, IP counterfeiting, International patent news and more

“Indian patent statistics, Interesting inventions, “Workshop on IP Rights” to be hosted by Maharaja Sayajirao University of Baroda, G.K Law College to organize a National Seminar on IPR, EPO’s first patent publication and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “Owning Intellectual Property is like owning land. You need to keep investing in it again to get a payoff; you can’t simply sit…

December 24, 2018 BananaIP Reporter Industrial Designs, Intellectual Property, Patents 0Comment 838Views 0Like

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Decorated Christmas Trees

First Publication Date: 21st December 2010. It is a busy world and a busy life. People are in a hurry to earn their living and achieve some thing in life. During the rush to fulfill their dreams, they hardly find time to catch up with their loved ones and even forget to enjoy life. That is the point where festivals play a significant role. Nowadays festivals are the only occasions during which people reunite with their dear ones and find…

December 24, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 825Views 0Like

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This image depicts a gate locked with a chain. This image is relevant because this post talks about the validity of Employee's Non-Compete Covenants in India

Validity of Non-Compete Covenants in India

First Publication Date: 15th December 2010 Agreements that restrain an employee from working with a competitor or carrying out a competing business are called Non-compete agreements. Such agreements, when reasonable are considered to be valid in countries such as USA and UK. However, under the Indian law Non-compete agreements are valid to a very limited extent because agreements in restraint of trade or employment are void under Section 27 of the Indian Contract Act. The section reads as follows:"27. Agreement in…

December 24, 2018 BananaIP Reporter Intellectual Property, Trade Secrets 0Comment 1298Views 0Like

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Shielding Patent Attacks – A Peek at Patent Defenses in India

First Publication Date: 11th December 2010. A person falling within the scope of a defense will not be liable for infringement though his product or process is infringing. Some of the defenses to patent infringement recognized under the Indiann Patent Law are:A. Experiment, Research or Education; B. Bolar Exemption; C. Government use; and D. Parallel Imports. A. Experiment, Research or Education Use of a patented invention for experimentation or research is a defense to patent infringement. The provision relating to experiment and research under the Indian…

December 23, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 743Views 0Like

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Integrating Secrecy and Exclusivity to Gain Competitive Advantage

First Publication Date: 10th December 2010. Patents protect inventions by granting exclusive rights for a period of twenty years and trade secrets protect any information having business value as long as the information can be maintained secret. Unlike patents, trade secrets need not be registered and will remain valid based on measures taken by the trade secret holder. The subject matter of trade secrets is very broad and a very small portion of that subject matter relating to inventions overlaps with…

December 22, 2018 BananaIP Reporter Intellectual Property, Trade Secrets 0Comment 886Views 0Like

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Negotiating License Agreements

First Publication Date: 9th December 2010 This is in furtherance of my post on drafting patent licenses. The final deal in a license transaction depends on how well a person can negotiate and not on what is fair. "You get what you bargain for and not necessarily what is fair." Therefore, preparation for a license negotiation and negotiation skills play an important role in the final outcome. The first step towards preparing for a license negotiation is patent strength evaluation. A Licensor…

December 21, 2018 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Patents 0Comment 848Views 0Like

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Ilaiyaraaja’s Royalty Claim, copyright infringement by T-Pain, Motorola Adds Copyright Infringement, Viacom 18 new series with Gates Foundation and more

Court Summons Ronnie Screwvala for Copyright Violation, Artistes Seek Clarity on Ilaiyaraaja’s Royalty Claims, T-Pain’s Song off YouTube After Infringement Claims, Alfonso Ribeiro Sues Fortnite for Stealing the 'Carlton' Dance, Motorola Adds Copyright Infringement Claim to Suit Against Hytera, Petition Against EU Article 13 Gets 4 Million Signatures, CJ ENM Becomes Warner Brothers’ Exclusive Licensing Agent in Korea, Viacom18 to Launch Series on Sanitation with Gates Foundation. COPYRIGHT QUOTE OF THE WEEK "We have a massive system to regulate creativity. A…

December 21, 2018 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law 0Comment 1060Views 0Like

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A Conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010. Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed…

December 20, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2034Views 0Like

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Celebrating 20 Years of IP Excellence

MakeMyTrip Sues for Infringement, Taiwan Beverage in India, The Bitter Beer Smell of Darts and other news

Biotechnology and Patent Challenge

Indian Patent Statistics, Interesting inventions, IP counterfeiting, International patent news and more

Decorated Christmas Trees

Validity of Non-Compete Covenants in India

Shielding Patent Attacks – A Peek at Patent Defenses in India

Integrating Secrecy and Exclusivity to Gain Competitive Advantage

Negotiating License Agreements

Ilaiyaraaja’s Royalty Claim, copyright infringement by T-Pain, Motorola Adds Copyright Infringement, Viacom 18 new series with Gates Foundation and more

A Conduit for INVALID PATENTS – Section 13(1)(b)

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