First Publication Date: 27th January 2010.
Patent infringement analysis is one of the key studies that may be carried out under various scenarios. Some of them being:
Proactively ensuring that they don’t violate third party IP, by carrying out this study at product development stage
When sued by a competitor on the grounds of infringement of their patent rights
Patent holders constantly monitor competitors’ products to check whether competitors’ products are infringing their patent, and take necessary actions to…
First Publication Date: 15th January 2010
M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI), Apollo Hospitals, Apollo Hospitals Enterprise Limited and Cancer Institute (W.I.A.), (Regional Cancer Centre)
The Appellant, Jayasingh, acquired a patent over a Prosthesis made of Titanium alloy, which is used in bone salvage surgery. On learning that the Respondents were making, selling, distributing and using Prosthesis that was covered by his patent, Jayasingh filed an infringement suit against the Respondents and prayed for an injunction during the pendency…
First Publication Date: 20th January 2010.
This is in response to a question asked by one of the researchers on our website with reference to the patenting of inventions by researchers in the University
For all the inventive minds working or studying in different Universities, idea of patenting their invention(s) is quite lucrative. With our experience of dealing with such situation, where a researcher wishes to apply for a patent, a number of issues should be catered before applying for the patent. …
First Publication Date: 18th January 2010
The Appellants, F. Hoffmann-La Roche Ltd. (“Roche”), the Licensor of a patent relating to the drug Erlotinib used for cancer treatment and OSI Pharmaceuticals Inc. (`OSI'), the holder of the patent of the said drug, filed an infringement suit against the Respondent, Cipla Ltd. (“Cipla”). The Appellants filed an application for temporary injunction during the pendency of the suit, which was rejected by the Single Judge and therefore, filed this appeal.
After hearing both the parties,…
First Publication Date: 16th January 2010
This is in furtherance of the post on opening the Traditional Knowledge Digital Library (TKDL) for public access in order to further research and development of traditional knowledge. As I had stated in my post, making TKDL available under an open source model would enable the development of traditional knowledge and also safeguard the interests of traditional knowledge holders ("Holders"). The model I am proposing hereunder is based on the success of the…
“Indian patent statistics, Interesting inventions, Smart Streetlight with notifier, India and US engage in first ever dialogue on IP, Broadcom files patent infringement suit against Volkswagen, Sony and Lenovo sign design patent license agreement, EPO Joins WIPO's Digital Access Service (DAS) 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 has allowed us to stand out; to look different and show that…
First Publication Date: 14th January 2010
Most of us, when we think about patents, we tend to associate patents with “high-tech” technological innovations. However, truth be told, sometimes patent protection can be easily extended to protect, as many may call, not so high-tech innovations as well.
We had blogged earlier about, whether inventions related to method of massaging can be patented. A comment made on that blog post raises an interesting question, and is the focal point of this post.
The question is:…
First Publication Date: 12th January 2010
This post is in furtherance of a question posed by one of my students at NLSIU. The question was - "Can a method of massaging be patentable in India?". He apparently saw a massage centre stating that they have patented their massage methods.
In my opinion, a process of performing a massage that is not related to treatment of a disease or disorder is patentable in India provided it satisfies the industrial applicability,…
First Publication Date: 13th January 2010
Professor Anil's post inspired me to research into alienability and waivability of moral rights under national laws. I noted that national laws of civil law countries such as France, Spain, Italy and Germany expressly restrict transfer and waiver of moral rights and national laws of common law countries such as UK and Canada permit their transfer and Waiver. If we look at the international instruments such as Berne Convention for the Protection of Literary…
First Publication Date: 6th January 2010
The potential Intellectual property usually goes unnoticed by the Band itself and the impact of the same is generally realized only when the same is infringed. Hence, the protection of various intellectual properties becomes quintessential for the development and revenue generation of the Band.
Some of the basic types of Intellectual Property that must be protected by a band that will be dealt in this post include:
A. Trade Marks; and
B. Copyrights.…