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Twitch Bans Gamers for Streaming a Copyrighted Debate, Flipkart Enters the Video Streaming Market, Karigar Store-Latest Addition on the Amazon Website and more

The Information and Broadcasting Ministry is All Set to Monitor Digital Media; US Senate Judiciary Committee approves the Small-Claims Copyright Bill (CASE Act); Twitch Bans Gamers for Streaming a Copyrighted Debate; Flipkart Enters the Video Streaming Market; Facebook to Launch a Dedicated News Section; Karigar Store-Latest Addition on the Amazon Website; Fed-Ex Ends Partnership with Amazon and more. NATIONAL The Information and Broadcasting Ministry is All Set to Monitor Digital Media For the purpose of monitoring the media better, the Information and…

BananaIP Reporter Copyrights, e-Commerce Law, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law August 9, 2019 774Views 0Like

Shamnad Basheer, a Pioneer in the IP World Passes Away

We are deeply saddened to learn about the untimely demise of Shamnad Basheer, a pioneer in the IP world. We will truly miss him and extend our heartfelt condolences to his family and friends. Shamnad's passing away leaves a void in Indian Intellectual Property that cannot be easily filled. We will always remember his contributions to IP law and policy, and will never forget his dedicated efforts towards making medicines accessible. BananaIP pays its tributes to Shamnad, a noble and…

BananaIP Reporter Intellectual Property August 9, 2019 898Views 0Like

Patent Invalidation in the US: The Good, the Bad and the Ugly

This post was first published on July 18, 2014. After studying citations from patents that were invalidated by US Judges, researchers from the London School of Economics commented, "Patent invalidation has a significant impact on cumulative innovation in the fields of computers and communications, electronics and medical instruments (including biotechnology). We find no such effect in fields involving drugs, chemicals or mechanical technologies." Let us now take a look at why this discrepancy exists. What is patent invalidation?…

BananaIP Reporter Intellectual Property, Patents August 8, 2019 1118Views 0Like

Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other News

Indian Trademark Statistics for August (First Week), Kodaikanal Hill Garlic Gets GI Tag, Maurizio Collaborates with Filippo, Ola Expands Operations in Australia, Stan Lee Comes to Life: All American Licensing Partners with POW and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “The investment you make into a brand makes its name worth it” - Bernard Kelvin Clive INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a mixed week. The…

BananaIP Reporter Intellectual Property, Trademarks August 7, 2019 913Views 0Like

Claim Drafting – Transitional Phrases

This post was first published on July 17, 2014. A transitional phrase is a part of the claim that connects the preamble and the body. The Transitional phrase determines as to whether a claim is “Open” “Partially Open” or “Closed.” Open Claim An Open claim includes additional unrecited elements i.e., if a claim, which is Open, recites elements A, B, C and D, then an article which includes elements A, B, C, D and E…

BananaIP Reporter Intellectual Property, Patents August 7, 2019 3266Views 0Like

Shouldn’t a Request for Prioritized Examination be Given Priority?

This post was published on September 17, 2014. All applicants have a desire that their patent applications get prosecuted faster and their patents get a grant on priority, however, such desires are seldom fulfilled. Blame it on the backlog, if you will, and several other reasons for the delay, but patent applicants have to wait more than 3 years to get their patents granted. Empathizing with the concerns of the applicant, several patent offices have devised procedures to expedite…

BananaIP Reporter Intellectual Property, Patents August 7, 2019 776Views 0Like

Post-dating Patent Applications: Frisk it Before You Risk it!

This post was published on August 08, 2014. Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today's post, however, unravels the puzzling question of how to claim priority even from a post-dated application! We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches,…

BananaIP Reporter Intellectual Property, Patents August 6, 2019 1219Views 0Like

Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

eCommerce Guidelines for Consumer Protection, 2019 – Draft for Comments

Government of India has recently published the eCommerce Guidelines for Consumer Protection, 2019, for comments of stakeholders. The guidelines follow the draft FDI policy for eCommerce entities and seek to protect consumer interests. They primarily focus on fraud, unfair trade practices, privacy protection, and transactional controls. They apply to eCommerce entities following the inventory model as well as marketplace model including intermediaries. Both products and services made available through eCommerce platforms are covered. The eCommerce guidelines seek to further tighten the…

BananaIP Reporter e-Commerce Law, Intellectual Property August 6, 2019 847Views 0Like

Patent Claim Drafting – Preamble

This post was first published on July 16, 2014. It would have been very well drummed into a patent professional, Mr. X, who has just started drafting a patent specification that “claims form the heart of a patent application,” or the “name of the game is claim,” and so on. Very few might agree with me if Mr. X has been told to carefully consider the words and/or features and/or the language used in the preamble, as…

BananaIP Reporter Intellectual Property, Patents August 6, 2019 2056Views 0Like

Court Limits the Scope of ‘Fair Dealing’ under Copyright law

This post was published on November 18, 2011. The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions…

BananaIP Reporter Intellectual Property, Media and Entertainment Law August 6, 2019 726Views 0Like

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