Intellectual Property Archives

Aaj Tak Wins Trademark Battle, Trademark Infringement over a Candle, Discover Brand in India and other news.

Indian Trademark Statistics for November (Fourth Week) 2018, Discovery Brand Now in India, LG Electronics Files Trademarks for Foldable Phones, Aaj Tak Wins a Trademark Battle, Surname Trademark Infringement, 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 whichis the brand image”– Walter Landor INDIAN TRADEMARK STATISTICS The Indian Trademark Office have had a mixed week with respect to…

November 28, 2018 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1166Views 0Like

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If I Could Copyright… My Book: Copyrights and Writers (Part 5)

Write, Keep Writing, The World will …- Copyrights and Writers (Part 2)

Copyright protects original, creative expressions on a tangible form. All three requirements, originality, creativity, and expression on a tangible form have low thresholds, and are easily satisfied by almost, all writings. As long as the writer's work is independently created, not copied; it has minimal creativity, a pinch at least; and the writing is on a tangible form such as paper, electronic medium, etc., copyright protection automatically begins. Expression is what matters for copyright protection, and impression is irrelevant. Ideas and…

November 28, 2018 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property 0Comment 988Views 0Like

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Natural or Man Made

This post was first published on April 4, 2010. This is in furtherance of Mrs. Vinita Radhakrishnan's post regarding the US District Court decision on BRCA gene patents. Under the US Patent Law, anything that exists in nature is not patentable subject matter. This is also referred to as 'Product of Nature Doctrine'. The test for determining whether something exists in nature or not as laid down in Chakrabarty's case is whether a hand of man is involved in creating…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 782Views 0Like

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The Gene Returns to its Body

This post was first published on April 1, 2010. I’m still in denial of the summary judgment ruling provided by Judge Robert W. Sweet of United States District Court for the Southern District of New York in Association for Molecular Pathology v. USPTO on March 29th 2010. Looks like all that I read, understood and was convinced that gene patents demands a revisit. The 156 pages summary judgment that was issued on this Monday has for sure taken me by surprise.…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 887Views 0Like

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Role of IP Policy in a Knowledge-Driven Company

This post was first published on March 26, 2010. An Intellectual Property (IP) Policy setting out the IP goals of a company in the light of its business goals plays a very important role in enabling the company to acquire competitive advantage from its IP. The IP Policy must lay down the framework in light of the company's IP strategy. Most IP policies cover aspects such as generation, protection, ownership, utilization, management, and commercialization of IP. They also include…

November 27, 2018 BananaIP Reporter Intellectual Property 0Comment 715Views 0Like

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Who’s Intellect? Who’s Property?

This post was first published on March 16, 2010. Contributed by Prof . Madabhushi Sridhar The print media comprises of newspapers, books both fiction and non-fiction. The copyright law regulating rights over economic benefits of ‘owners’ of electronic media are totally different in its impact compared to that of authors in print media. Electronic media refers to TV, radio, music album publishers, Internet, or online publishers, compute programme writing industry, etc. In electronic media, the investments are high, production process…

November 27, 2018 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 1Comment 5062Views 0Like

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The featured image shows the word copyright written in blue colour on a white background. The post is about latest entertainment and copyright news. To know more, please click here.

Public Domain in Copyright Regime: Facilitating Right to Know

This post was first published on March 16, 2010. The interface between the right to know and limited monopoly over creative expressions to the authentic owner represent conflicts of interests. Proprietorial concerns on one hand and the social interests on the other need to be reconciled in almost every area where individual rights conflict with social concerns. If the copyright is considered as an extension of the right of speech and expression, it contradicts another fundamental right, i.e., right to…

November 27, 2018 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Sports Law 0Comment 2306Views 0Like

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Claiming with a Purpose, with the Blessings of the Inventor

This post was first published on March 1, 2010. Claims draw the boundary to the invention that is being claimed. The boundary that is being drawn must be carefully done in order to ensure that the claims serve their purpose. The point here is that every claim must have a specific purpose and must be targeted to a potentially infringing product or process, or be targeted to protect a specific implementation (in case of defensive approach). In order for the practitioner…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 722Views 0Like

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Something More About Swiss Type Claims

This post was first published on February 25, 2010. On reading Siddharth’s post on the 19th February decision (G02/08) from the Enlarged Board of Appeal regarding the Swiss type claims, I got motivated to write something about the Swiss type claims and the reason for its birth and death. Like in India, Method of Treatment and Method of diagnosis (in vivo) has always been non patentable subject matter in Europe (Article 52(4)). Furthermore, before the concept of Absolute Novelty was introduced by…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 902Views 0Like

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Swiss Claims are History!

This post was first published on February 24, 2010. If the 19th February decision (G02/08) from the Enlarged Board of Appeal (EBA) at the EPO is to be simplistically interpreted, “Swiss” Type claims are indeed history. As most of our readers must be aware of the nature of a “Swiss” type of claim language. A “Swiss” type claim is essentially used to cover the so called Second, Third and Subsequent uses/medical indications of a known substance or composition. Taking our readers a…

November 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1548Views 0Like

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Celebrating 20 Years of IP Excellence

Aaj Tak Wins Trademark Battle, Trademark Infringement over a Candle, Discover Brand in India and other news.

Write, Keep Writing, The World will …- Copyrights and Writers (Part 2)

Natural or Man Made

The Gene Returns to its Body

Role of IP Policy in a Knowledge-Driven Company

Who’s Intellect? Who’s Property?

Public Domain in Copyright Regime: Facilitating Right to Know

Claiming with a Purpose, with the Blessings of the Inventor

Something More About Swiss Type Claims

Swiss Claims are History!

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