This post was first published on 25th August, 2014.
Owing to the ever increasing gas prices, fuel efficiency offered by vehicles has become a strong deciding factor among buyers. Diesel bikes are a great benefit for people obsessed with fuel efficiency but unfortunately diesel bikes are currently not offered by any OEMs for the masses. Royal Enfield’s Taurus was the only diesel motorcycle that was in mass production until some time ago. The vibration produced by diesel engines in a motorcycle, jolts the…
This post was first published on 1st September, 2014.
In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws.
Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled…
This post was first published on 17th January 2011.
Open Source Software adoption has taken a large stride in 2010. and so did enforcement of OSS licenses. Software Freedom Law Center has been taking the lead by filing suits against GPL violations. Despite the increasing number of OSS suits, none has till date gone the full distance. The cases are generally settled through compliance, withdrawal and/or payment of compensation.The recent withdrawal of an Open Source Software after alleged violation of GNU…
This post was first published on 11th August, 2014.
Last week, we discussed the Urmi Juvekar Chiang case. Today we will look at the case of (1) Mr. Anil Gupta and (2) Another. vs. (1) Mr. Kunal Dasgupta and (2) Others - A landmark case, indeed, in the area of protecting ideas and concepts. This case elucidates the dos and don'ts of Idea Protection and Breach of Confidence in the Entertainment Industry.
Plaintiff No. 1 - a Media Consultant
Defendant No. 2 - a…
This post was first published on 6th August, 2013.
It has been made amply clear in this column earlier that Intellectual Property (IP) can be an important tool for businesses to build, consolidate and grow. Having said that, considering the hype given to the subject, it is easy for a SME to misconstrue its potential and value. So, I wish to start this note by reiterating that IP is only one, among many layers that can form part of a company's…
This post was first published on August 6th, 2013.
Intellectual Property (IP) can play an important role in taking a SME to the next level in business, provided the company takes the right steps in the right direction. While the nature of IP actions to be undertaken by an organisation varies from company to company, there are some basic practices that every company must take to keep the option of taking advantage of IP, open. The upcoming editions of…
This post was first published on 2nd September, 2014.
If there is one question that can spark a controversy, it must be this - Is it possible to trademark the name of God?
Section 9(2) (b) of the Trade Marks Act, 1999, which deals with Absolute grounds for refusal of registration, mandates that a mark shall not be registered as a trademark if it contains any matter likely to hurt religious susceptibilities of any class or section of the citizens of India.…
This post was first published on 8th November, 2012.
The Jamun patent saga, earlier reported to be the subject of government revocation has spurred discussions and debates across India on various counts, ranging from mode of revocation to CSIR's blind eye to Indian applications. My attempt in this post is not to add another opinion to the existing ones but to bring forth that a composition of Jamun can be susceptible to patent protection. All of us in India…
This post was first published on 10th July, 2012.
The inevitable question once again - "How many IP managers know what they are doing with their IP?" While I am compelled to say all of them, it is sad that very few have a macro level picture. This opinion has not been pulled out of thin air, it is based on IP work of many professionals in the trenches.
One reason for this gap, if I may call it…
This post was first published on 25th May, 2012.
The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or…