First Publication Date: 20th September 2010
The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble…
As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered.
Protecting a Writer’s Work
According to Copyright law, the following types of works form the subject matter for copyright protection:
Literary Work;
Musical Work;
Artistic…
First Publication Date: 16th August 2010
As per Section (35) of the Patents Act, 1970, the Controller may notify a patent application (i.e. a patent application before the grant/refusal) as a secret. The patent application may be of a class notified by the Central Government as relevant for defense purposes or may be up to the discretion of the Controller. The patent applicant is further prohibited from publishing information related to the patent application or communicating information related to the…
First Publication Date: 29th June 2010
The much awaited Bilski decision has been pronounced by the US Supreme Court (Bilski v. Kappos). This closely watched and highly discussed case revolves around patentability of Bilski's hedging of risks business method invention. From the day when the patent examiner rejected Bilski's claims calling them 'mere manipulation of an abstract idea' the controversy has given rise to a lot of potent questions including the likes of patentability of software and business methods and restrictions…
“Indian patent statistics, Interesting inventions, Mission RakshaGyan Shakti – A new initiative by the Defense Ministry of India, Government of Karnataka to unveil a virtual marketplace for IP, IP Awareness Seminar held in University of Kashmir, Abbott Laboratories in yet another turmoil, this time over a stent patent and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Design Quote of the Week
“Design transcends agenda. It speaks to…
First Publication Date: 10th June 2010
NTP has filed a patent infringement suit in a US District Court against Apple, Google, Microsoft, Motorola, HTC and LG. It alleged in the suit that the companies are liable for infringing eight of its patents relating to sending emails over wireless networks. This suit is significant because of two reasons:
a. NTP is a patent troll, whose business model revolves around acquiring patents and licensing or enforcing them. It does not have…
First Publication Date: 24th June 2010.
A patent was granted to CSIR with respect to a composition useful for protecting and/or repairing DNA from oxidative damages. The value of cow's urine has been emphasized in ancient Indian texts including the rig veda. Cow's urine is known to not only have medicinal value but is also used to purify ayurvedic medicines. The patent granted to CSIR claims a composition for preventing and repairing damage to DNA due to oxidation. The patent…
First Publication Date: 9th June 2010
The Council for Scientific and Industrial Research (CSIR) has recently incorporated materials on yoga to the Traditional Knowledge Digital Library (TKDL). The materials include data on various yoga postures and videos relating to them. The information on yoga has been collected by CSIR from ancient Indian texts such as Patanjali. As per Dr. Gupta from CSIR, the addition of the materials to TKDL will play an important role in preventing patent grants relating to yoga…
First Publication Date: 13th June 2010
Supreme Court vacated Interim Application passed in favor of plaintiff and also allowed
the IA in favor of defendants. This case is a hearing of interim application before
Supreme Court while main suit was pending for trial.
Case Facts
Well-known authors Ratanlal and Dhirajlal wrote books on IPC, CrPC, Evidence Act,
Torts, Law of Crimes and Bombay Criminal Cases. All these six books were assigned to
the defendants by Mrs. Mary. Later, assignor and the defendants had a legal dispute
which was…