First Publication Date: 8th January 2010
How important is it to choose the right trademark and how to choose the apt mark?
With more and more courts and decisions focusing on the strength of the mark it definitely becomes quintessential to choose and apply for the right trademark. We don't have to search hard to look for such illustrations where the strength of the mark in some way decided the fate of the case. Fenil in his post titled "Could exclusivity…
The sticky nature of Biotechnology research has always led to massive debates every time there was a path-breaking discovery. It happened with Nucleic acids, amino acids, genetic modifications, transgenic animals, and now stem cell research. This has been mainly because of its close and unavoidable link to life. When we came to believe that stem cell therapy for all monstrous ailments is around the corner, the moral police made its presence felt. After the famous WARF patents in the US,…
Citation: AIR 1977 SC 1443, (1977) 2 SCC 820, [1977] 3 SCR 206
Facts:
This is a dispute that broke out in a matter involving rights over Indian literary and music works for which the copyright subsides in India. Parties to the dispute were the Indian performing right society and the cinematograph exhibitors association of India.
IPRS incorporated on 23/08/1969 in the state of Maharashtra governed by copyright Act 1957 has the authority for issuing licenses for performance in public of all…
To know more about BananaIP Counsels (Earlier known as Brain League) visit bananaip.com
In the Indian patent system, a request to the patent office has to be made to process the application to the Examination stage. Unlike other countries like the USA, where the examination fee has to be paid at the time of filing itself, Indian Patent Act 1970 provides 4 years time frame to file and pursue the application to the examination stage.
A request for examination has to be filed within 48 months from the date of priority (priority date here…
The possibility of protection and a company's capability to protect a secret is indeed an important factor to be considered while defining the nature of protection. Though many factors may be in favor of trade secret protection over patent protection, the incapability of an organization to maintain secrecy is a very important factor and may shift the balance.
The kind of information sought to be safeguarded, measures required for protection, nature of business, organization's stature, and so on play a very…
Biotechnology Industry Partnership Programme (BIPP) is a new partnership programme with industries for support on a cost-sharing basis for high-risk discovery and innovation, accelerated technology development especially for futuristic areas like transformational technology and product development for the public good, areas having major economic potential with focused on IP creation with ownerships by Indian industry, development of technologies in the area of agriculture, health, bio-energy, green manufacturing etc.
The objective is to assist and promote emerging biotech entrepreneurs and facilitate innovative…