Intellectual Property Archives

Statutory Licensing for Broadcasting Organisations

The objective of non–voluntary licensing is two-fold. First, to overcome the difficulty of locating the correct owner of the copyrighted work and getting an individual license from him and second is to avoid the creation of monopoly of copyright owners. The result the state looks at achieving from this provision is ensuring public dissemination and authors' compensation and avoiding market monopoly. The Copyright (Amendment) Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which…

November 16, 2015 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 801Views 0Like

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Machinima – Copyright and Related Issues – Part I

In this post we shall be discussing about ‘machinima’, a form of new age cinema. For those of you who are not aware of what machinima is, it is derived from two words, ‘machine’ and ‘cinema’, and as the combination suggests, it refers to the practice of using video games to create original cinematographic films. Machinima films use the virtual environments and the characters within a game to tell stories. Though a machinima appears to be just like any other…

November 16, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 775Views 0Like

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Essential Clauses of a Digital License Agreement

With the development and widespread use of internet and digital networks, we are now witnessing a revolution as to how copyrighted contents are acquired, displayed and disseminated. In the pre-internet days, there were limited options for distribution and exhibition of copyrighted contents. For example, the distribution of cinematographic films was limited to cinema halls and video cassettes. The internet revolution has opened several doors for content owners by creating new modes and formats of exploitation. Licensing out, creative contents like…

November 16, 2015 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 1694Views 0Like

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Social Media and Intellectual Property (Part VI): Select Copyright Cases

This post briefs three copyright cases that provide insights into copyright issues with respect to content posted on Social Media platforms. Scrabble v. Scrabulous In 2008, two Indians Rajat and Jayant Agarwalla, launched a Facebook App called 'Scrabulous.' It was a word game similar to Scrabble. Initially Mattel, and later Hasbrow, right holders of the Scrabble game sued the Agarwalla brothers for both copyright and trade mark infringement at the Delhi High Court. After reviewing the facts, the Delhi High…

November 16, 2015 BananaIP Reporter Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights, Social Media Law, Trade Secrets, Trademarks 0Comment 1092Views 0Like

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Social Media and Intellectual Property (IP): Part V – Publicity Rights and Celebrity Rights

Social Media can make or break a personality. Most public figures from film stars like Amitabh Bachchan, Will Smith, Aishwarya Rai, etc., to political leaders like Narendra Modi, Barack Obama, etc., are very active on Social Media. While on one hand, Social Media enables celebrities gain popularity, on the other hand, a celebrity's activities on Social Media platforms makes it possible for extensive misuse and abuse of a celebrity's persona. Over the years, several instances of passing off, false endorsement,…

November 15, 2015 BananaIP Reporter Intellectual Property, Social Media Law 0Comment 1194Views 0Like

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Social Media and IP: Part IV – Taking Down Infringing Content

Taking down IP infringing content on Social Media platforms is today a well-established process. All Social Media platforms have DMCA take down mechanisms in place. In line with the law, they have specific email ids and forms to enable IP owners raise disputes and take down content. Terms and Conditions of Facebook, YouTube and Twitter have separate provisions dedicated to IP infringement and take down. Facebook "5. Protecting Other People's Rights We respect other people's rights, and expect you to…

November 14, 2015 BananaIP Reporter Intellectual Property, Social Media Law 0Comment 1233Views 0Like

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Cooking up IP in the Food & Beverage Industry

Food and food products are the largest consumption category of India’s over a billion population. The Food and Beverage (F&B) industry encompasses the formulation, processing, production, distribution in wholesale or retail, and delivery of food products. Though a highly fragmented industry, there are more than 35,000 food processing and beverage production companies in the market. The industry accounts for approximately 9% of the overall manufacturing GDP of the country. Being an industry that has experienced more than 30% growth over…

November 13, 2015 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing 0Comment 1134Views 0Like

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New Patent Fee Schedule proposed by USPTO

In order to recover the aggregate estimated cost of the patent operation and USPTO administrative services that support patent operations, USPTO is exercising its fee setting authority to set and adjust Patent Fee Schedule. Section 10 of the Leahy‐Smith America Invents Act (AIA) authorizes the United States Patent and Trademark Office (USPTO) to, in part, “set or adjust by rule any fee established, authorized, or charged” under Title 35 of the United States Code provided that the aggregate patent fee…

November 13, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 720Views 0Like

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House of Mouse Lands in Legal Trouble

What is it about? InCom Corp, a company that provides educational services, in a patent infringement lawsuit filed on 22nd April, 2015 with the federal court, claims that the Walt Disney Company has snagged three of their patents to track what people do and what they buy at the Walt Disney World. The California-based InCom Corp is seeking a jury trial and wants wide-ranging and unspecified damages. Disney introduced the “Magic Band” back in 2013, despite correspondence from InCom Corp…

November 13, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 654Views 0Like

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‘DEMAND’ only if you want to

International preliminary Examination is an optional part on the applicant for an International application, but all PCT applications nevertheless undergo examination either with or without having examiner interaction with the applicant. The Examiner - applicant interaction occurs only when a Demand is filed under Chapter II of the PCT. Filing of Demand is completely optional. A Demand is usually filed in response to the written opinion of the ISA (International Search Authority), especially if it is a negative opinion. Thus…