The Indian Patent Office has been known to take between 2-8 years from the date of filing a patent application to grant the patent. As the term of the patent is 20 years from the date of filing, the long wait for the grant has proven especially frustrating for inventors whose inventions have a short life-span in the market. However, in one case, the entire process, from the filing of the patent application to the grant of patent has taken…
Spotify Removes Saregama Content, MEITy Announces Fintech Awards for Promoting Digital Payments, Nora Roberts Sues Brazilian Author for Copyright Infringement, Mattel Expands Global Licensing Agreements with Disney and Pixar,Bitmax Signs Licensing Agreement with MTonomy, Twitter Inks New Content Deals with ESPN, Viacom and more
Copyright Quote
"Copyrights do not and cannot trump publicity rights, they are mutually exclusive" - Dr. Kalyan C. Kankanala
Copyright Statistics
There is an increase of 12% in the total number of copyright applications filed for the month…
Indian Trademark Statistics for April (Fourth Week), ‘SOTY2 x Koovs’ Collection, Nike Files New Trademark, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
"A brand is something that has a clear cut identity among consumers, which a company creates by sending out a clear, consistent message over a period of years until it achieves a critical mass of marketing" – Phil Knight
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark…
“Indian Patent Statistics, Interesting Inventions, USTR puts India and ten other countries in its “Priority Watch List”, Delhi High Court allows export of two cancer drugs patented by Bayer, PepsiCo offers settlement to farmers over potato dispute, Department of Justice, USA launches review into a Government patent used to treat HIV, Director General, Francis Gurry’s leaves a message on World IP Day and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
QUOTE…
The happiness of fans of English football club ,Manchester United knew no bounds when Jose Mourinho, the famous Portuguese football coach was selected as their manager for the next three seasons. However the official announcement regarding the same took some time . The reason for such delay is quite interesting. The trademark of JOSE MOURINHO in around seven categories (as per NICE classification) was held by Chelsea Football Club. Mourinho was the manager of Chelsea in two brief stints i.e…
This post was first published on January 20th, 2011.
A trademark provides business and competitive advantage through consumer recognition and association of good will. Business advantage can be maximized if fame can be associated with the trademark. A famous trademark allows a company to prevent unauthorized use of the trademark for both related and unrelated businesses. In India, use of a famous trademark for unrelated goods or services is considered infringement.
A famous trademark is said to be infringed if…
This post was first published on August 6th, 2011.
Brief Facts:
The Plaintiff - Super Cassettes Industries, is involved in the business of music distribution and film producing. The plaintiff claims to be the owner of several sound recordings, cinematograph films, songs, etc, they also claim to possess 20,000 non-film Hindi songs and 50,000 songs in various regional languages. It is largely dependent on the exploitation of its copyright, as this exploitation benefits the plaintiff monetarily enabling it to carry on…
This post was first published on October 4th, 2011.
Star India Private Limited v. Leo Burnett (India) Private Limited
Facts:
Star India Pvt. Ltd. (plaintiff) is doing the business of acquiring copyrights in cinematograph films, television serials, programs, and also producing and commissioning the production of television programmes for various television channels. These programs enjoy tremendous popularity amongst viewers in India and abroad. Star India Pvt. Ltd. also had acquired the copyright of famous T.V. serial produced by Balaji Telefilms Pvt. Ltd., named,…
This post was first published on November 13th, 2011.
“Right of Publicity” is a common reference to "Personality rights". It is a right of an individual to control the commercial use of his or her name, image, likeness or identity. It is generally considered a property right as opposed to a personal right. In most of the countries, the Right of Publicity is recognized under statutes.
According to John Lock, “the economic value of identity should be allocated to the celebrity individual…
Emergent Genetics v. Shailendra Shivam
The Delhi High Court in the case of Emergent Genetics v. Shailendra Shivam looked into questions surrounding the protection of DNA sequences as copyright and confidential information. In this case, the Plaintiff had alleged that the Defendants had infringed their copyright over hybrid seeds developed by them. The Plaintiff had contended that DNA sequences were analogous to computer programs and could hence be afforded copyright protection. Also, it was their contention that the documentation surrounding…