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This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

Part III: Descriptive Marks

This post was first published on 8th September, 2014.   In continuation to the earlier post where we covered the US approach towards protection of descriptive marks, in the current post, we will be analyzing the circumstances in which descriptive marks can be protected in the EU. The EU position towards descriptive marks is clearly stated under Article 7(1)(c) of the Council Regulation (EC) No. 207/2009, which is couched in the similar language as that of the provision in the Indian Trademarks Act 1999,…

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This image depicts Goddess Durga's face. This image is relevant for the post as it about trademarking the name of the Gods! Click on the image to read the full post.

Trademarking the Name of God? Huh! – Part 3

This post was first published on 8th September, 2014. In continuation to the previous post, we shall now have a look at other important cases where the issue of whether or not one can monopolize the name of the Creator by trademarking the name of God is discussed. In order to prevent unauthorized use of the picture of diety of Attukal Devi and description of "Sabarimala of Women / Streegalode Shabharimala (in Malayalam)", Attukal Bhagavathy Temple Trust has secured registration for the…

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This image depicts the Steam Engine invented by James Watt. This image is relevant as the post is about the invention which has brought the Industrial Revolution. Click on the image for more information

Invention that Revolutionized the Industrial Revolution!

This post was first published on 13th October, 2014.   Most of us have learned about the Industrial Revolution that took place in the 18th and 19th centuries, that ultimately resulted in the transition to the new manufacturing processes found even today. While I was reading about the industrial revolution, the question that flashed in my mind was, "Is there any invention that fueled the revolution?". Well, surprisingly (or not), the answer is a Yes! It's nothing but the Steam Engine. Let…

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This image depicts the logo of Onco. This image is relevant as The case was about a patent application filed by the Harvard College for a transgenic mouse. Click on the image for more information

Patentability of Higher Life Forms

This post was first published on 5th September, 2014.   Today we will be discussing a case where the patent grant was rejected by the Canadian Patent Office as higher life forms are patent ineligible subject matter under the Act. Canada (Commissioner of Patents) (Appellants) vs. President & Fellows of Harvard College (Respondents) Case: The case was about a patent application filed by the Harvard College for a transgenic mouse. In the transgenic mouse, the genome was genetically altered with the insertion of an oncogene.…

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This Image depicts the Copyright License Agreement. . This Image is relevant as the article deals with the Section 31(d) of the Copyrights Amendment Act,2012. Click on this Image for more Information.

Broadcasting Licenses under Sec. 31D of Copyright Amendment Act, 2012

This post was first published on 4th September, 2014.   The Copyright Amendment Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which authorizes the Copyright Board to grant licenses to communicate to the public by way of performance of a literary or musical work and sound recording, which has already been published after paying Royalty fixed by the Board. One question that is frequently raised with respect to this section is its relevance and applicability  to…

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image for Can there be a Patent for a Method of Patent Trolling?

Can there be a Patent for a Method of Patent Trolling?

This post was first published on 11th October, 2014. How about committing the crime of killing all the criminals so as to prevent crime? Sounds outrageous, doesn't it? Well, then how about patenting the patent troll in order to prevent patent trolling? The USPTO is proof enough for granting some of the weirdest and craziest patents. But this one seems to be the cherry on the icing on the cake. Halliburton Energy Services Inc. has made an Application No. 11/741429 before the…

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Soggy Pizza? Blame it on the Box!

This post was first published on 2nd April, 2014.   Vinay Mehta ordered pizza one evening. It was soggy from the steam trapped inside the box, a far cry from the crispy, steamy pizza he'd hoped for. Although this dampened the pizza's aroma, it was nowhere near dampening his spirit. Instead, Mr. Mehta resolved to end this problem once and for all. All it took was a little "thinking outside the box". Or was it inside? Here's how it goes: While the food…

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This Image depicts the images of various Merchandized Products. This Image is relevant as the article deals with the Licensing and Merchandizing in Entertainment and Sports Sector. Click on this Image for more Information.

Mind your L’s and M’s: Licensing & Merchandising – Part 1

This post was first published on 2nd September, 2014.   Merchandising is an extension of a brand into new categories. Any merchandise is created by securing license of different Intellectual Properties such as themes, images, songs or dialogues of a film, characters etc. It is in the past decade that Movie Merchandise and Character Merchandise has gained popularity in India. According to the industry reports, global licensing & merchandising is a huge business with its top 125 licensors accounting for sales amounting…

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The image shows a man holding a placard reading "Will work. Made for Hire". The post is about works for hire. Click on image to view post.

Works Made for Hire and Film Production – Part I: Notes on Copyright Amendment, 2012

This post was first published on 24th June, 2014.   'Made for hire' works are of two types: a. Works created under a contract of employment or apprenticeship (Contract of Service); and b. Specially commissioned works (Contract for Service). Copyright Law, with respect to works made for hire is codified under Section 17 of the Indian Copyright Act. Clauses (b) and (c) of the section are specifically relevant to this article. They read as follows: "17. First owner of copyright... (b) subject to…

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The image depicts an Hygrometer.

Can Combining Contrivances Give Rise to Inventive Step? – An IPAB Case Note

This post was published on 24th January, 2014.   Eaton Electric BV Vs. Deputy Controller of Patents and Designs, Intellectual Property Appellate Board (IPAB) Decision - Mp. No. 86/210, Decided on 14th July, 2011. Invention: A hygrometer is used in combination with the arrangement of a moisture absorbing agent, which is provided inside the enclosed housing of a Switch Gear. Prior Art: 1. Switch gear in enveloping housing filled with dry air to control Arc energy. 2. Introduction of moisture absorbing agent to reduce water content in the air. Question:…

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