Intellectual Property Archives

The images depicts the earth from the space with the bottom glowing, as if on fire, as the post is about whether the use of inventions in movies violates patents

Can use of an invention in a movie infringe a patent?

First Publication Date: 3rd December 2009 Global Findability has filed a patent infringement suit in a District Court of Columbia against Summit Entertainment claiming that the Science Fiction movie of Summit violates its US patent relating to Integrated information processing system for geospatial media. According to Global Findability, Summit's use of its patented technology in the movie, Knowing, amounts to patent infringement. Would such an use be infringement in India? Section 48 of the Indian Patents Act provides that a patent holder…

October 25, 2018 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Patents 0Comment 1291Views 0Like

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Patent and Public Domain Balance 2 – Patentability Requirements

First Publication Date: 8th December 2009. An invention will be eligible to get a patent only if it satisfies the patentability requirements, which are patentable subject matter, industrial applicability/utility, novelty, non-obviousness/inventive step and specification. The government uses the patentability requirements to verify the worthiness of an invention for patent grant. The patentability requirements are like filters arranged in succession as shown in the figure below. Figure - Kalyan's Patent Filter Model A patent will be granted over an invention only if it passes…

October 25, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1396Views 0Like

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Patent and Public Domain Balance – 1

First Publication Date: 1st December 2009 Patent Law is believed to promote the progress of science and technology by providing exclusive rights to inventors for a limited period of time. It operates on the principle of 'Quid Pro Quo' or 'Give and take'. An inventor gives an invention to the public and takes exclusive rights over it for a limited period of time.The grant of exclusive rights is believed to provide incentives to invent, invest, design around and disclose. Possibilities of…

October 25, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1182Views 0Like

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Is the President of Senegal Entitled to Royalties?

First Publication Date: 18th November 2009 A statue named “African Renaissance” is being made in Senegal which will be taller than the Statue of Liberty in New York and larger than the Eiffel Tower of Paris. This statue is being made with an understanding that the same will give a boost to the tourism and will generate income which can be used for the welfare of the country. However, ever before the completion of this “Artistic work”, the same has come…

October 24, 2018 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 795Views 0Like

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Intellectual Property for Start Ups and Entrepreneurs

First Publication Date: 25th November 2009 Intellectual Property protection provides business and competitive advantage to a company. While IP is important for all companies, its value for A Start Up Company, especially, a technology or knowledge based company, is very high. In addition to providing business and competitive advantage, IP can play a very important role in enabling a Start Up company to build business relationships, raise funds, face cut throat competition and so on. In the light of…

October 24, 2018 BananaIP Reporter Intellectual Property, IP for Start Ups 0Comment 669Views 0Like

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GI Applications Filed in India

First Publication Date: 17th November 2009 The Geographical Indication Act, 1999 came into force on 15th September, 2003. The first GI was filed on 27th October, 2003 by the Tea Board, West Bengal for Darjeeling Tea in class 30. Thereafter, approximately 130 GI has been registered and Published in the GI Journal. GI registration is accorded to products with a reputation attributable to their place of origin or the area where they are manufactured. Filings for GI have increased with in…

October 24, 2018 BananaIP Reporter Geographical Indications (GI), Intellectual Property 0Comment 883Views 0Like

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Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

First Publication Date: 9th November 2009 In my earlier post I had discussed about the prosecution and litigation and the effects of prosecution on the outcome of litigation. Friends, here is a case where the Delhi High Court has allowed a Patent holder to amend his claim (or, should I say extending the scope of claim) after a suit for infringement has been filed. An Indian Patent (no. 190380) has been granted to AGC flat glass (formerly, known as Glaverbel). AGC files a…

October 24, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1413Views 0Like

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Open Source Software and Patent Risks

First Publication Date: 8th November 2009 Software can be protected under both copyright and patent law. While copyright protection for software existed for a long time, patent protection for software evolved during the last decade. Copyright over software protects the literal and/or artistic elements of the software such as code and/or user interface. On the other hand, a patent over software protects functional elements of the software. The concept of “Open Source Software” (OSS) evolved in response to proprietary software…

October 24, 2018 BananaIP Reporter Intellectual Property, Open Source Licensing, Patents 0Comment 1961Views 0Like

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IPAB Dismisses Plea Against iPhone Trademark, Wrangler’s Battle Aagainst Counterfeiters, Mickey Mouse Turns 90 and other news

Indian Trademark Statistics for October (Fourth Week) 2018, Apple Files for Liquid Retina Trademark, Ethnic Fashion Brand by Saif Ali Khan, Bihar’s Shahi Litchi Obtains GI Tag, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “If you do not give the market the story to talk about, they’ll define your brand’s story for you.” – David Brier INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office have had a slow week.…

October 24, 2018 BananaIP Reporter Intellectual Property, Trademarks 0Comment 798Views 0Like

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Case Review: Garaware v. Techfeb

First Publication Date: 19th November 2009 In my previous post I had analyzed the claim of the patent that is alleged to have been infringed. In this post, I will follow it up by analyzing the complete specification, and commenting on the manner in which the patent specification is drafted and positioned for examination. I have uploaded the patent specification for those of you who want to give it a read: IN195352 - Garware - Garaware vs Techfab The invention…