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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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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…

BananaIP Reporter Copyrights, Intellectual Property July 24, 2019 4667Views 0Like

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:…

BananaIP Reporter Intellectual Property, Patents July 24, 2019 809Views 0Like

Crossing the Rubicon: A Fork in the Road – Go Right or Left?

This post was first published on 24th July, 2014. Case Analysis of Dr. Aloys Wobben and another vs. Yogesh Mehra and others. CIVIL APPEAL NO. 6718 OF 2013 Facts: Dr. Aloys Wobben (Appellant) owns approximately 2,700 patents in more than 60 countries of which 100 patents are in India in the field of wind turbine generators and wind energy converters. Appellant was carrying out the manufacturing process in India through a joint venture partnership with the Yogesh Mehra and Ajay Mehra (Enercon India Limited)…

BananaIP Reporter Intellectual Property, Patents July 24, 2019 1808Views 0Like

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India’s Copyright Societies & Collective Rights Management – Part VI

This post was first published on 4th August, 2014. The primary purpose of a Copyright Society, also referred to as a Copyright Collective, is Collective Rights Management. A typical society acts as a middle man between authors/owners of copyrighted works and the Licensees of such works. Simply put, authors transfer all or some of their rights to the society and the society, in turn, licenses those rights, collects royalty and distributes the royalty among authors. The society also collects an administrative,…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law July 24, 2019 2203Views 0Like

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Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

This post was first published on 24th April, 2012. The relevant paragraphs of the case are reproduced below, a case brief will follow soon: 60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage…

BananaIP Reporter Intellectual Property, Patents July 24, 2019 826Views 0Like

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All is Not Lost: How to Restore your Priority Right!

This post was first published on 24th July, 2014. We are well aware of the importance of the Priority Right and therefore also know what losing a priority right can cause. It may throw even the strongest of inventions off balance. A valid priority claim would give us the priority date which is the date of filing of the first application. This date is also known as "effective date of filing” in many jurisdictions. In other words, as the name suggests, the prior…

BananaIP Reporter Intellectual Property, Patents July 24, 2019 2070Views 0Like

Patent Filing Requirements in India

This post was first published on 14th January, 2011. Filing of a Patent application in India has been simplified by the option of E-filing software. With the use of digital signature an authorized patent agent or applicant can directly file a patent application in the E-filing software. Normally, a patent application can be filed by the true and first inventors or the assignee having acquired the authority from the true and first inventors. The following documents/forms are required at…

BananaIP Reporter Intellectual Property, Patents July 24, 2019 4775Views 0Like

Re-Classifying Patent Search- Cooperative Patent Classification (CPC)

This post was first published on 4th November, 2011. One of the strategies adopted by the examiner/searcher while performing a prior art search is to identify the classification of the invention's subject matter. Patent classification is a way by which a patent office arranges identical or similar patent documents. A patent document can be classified in several classes. There are numerous patent classification systems available across the world such as International Patent Classification (IPC), United States Patent Classification (USPC), European…

BananaIP Reporter Intellectual Property, Patents July 24, 2019 1450Views 0Like

Distant Touch – Patents for the Blind 4

This post was first published on 4th September, 2014. A cane, as I had mentioned in one of my earlier posts, is a blind person's lifeline. It allows a person to make his way around by means of touch from a distance. The length of the cane may vary based on a person's height, and on an average, it allows a blind person to feel for objects up to about a distance of 1.2 metres. Traditional canes operate completely on the basis…

BananaIP Reporter Intellectual Property, Patents July 24, 2019 1241Views 0Like

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