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Overlapping IP Protection: Call for Caution

This post was first published on September 11th, 2012. Rights and protection are both victim and villain in overlapping. Overlapping and provision of simultaneous or sequential protection for some inventive and creative works have become a part of the expansive Intellectual property law regime. For example, both copyright law and trademark law now protect ‘Angry Birds’ and ‘Miley Cyrus’. Overlapping copyright and trademark protection for these two characters not only means that their creators receive all the benefits flowing from both the…

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Why Do Indian Companies Acquire Patents?

This post was last published on May 31st, 2012. Most people would assume that the answer to the question is obvious. But it is not. Ideally, patents are acquired to gain competitive advantage and through it, business value. In our quest to learn the answer, we have by virtue of studying about a hundred companies of varied sizes, realized that only twenty percent of them actually acquire patents to gain a business advantage. Why then do others invest in…

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Intellepedia - IP News Updates

Would Licensing a Sound Recording Call For Separate License From the Lyricist and Composer?

This post was last published on May 15th, 2012.   The case ruling in IPRS v. Aditya Pandey came as a huge loss to the music composers and lyricists of the industry. It was held that no separate license was required from the copyright owner of literary and musical work (lyricist and composer) that embody a sound recording. A brief overview of the facts are as follows-  The appellant, Indian Performing Right Society Ltd. (IPRS - for short) is a Copyright…

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This image depicts a Monkey standing with a stick and trying to describe what Patent Troll is with the basic definitions written in the Background. This image is relevant as USPTO has granted a Patent for a method of Patent Trolling. Click on the image for more information

Patent Trolling : Can’t Live With, Can’t Live Without!

This post was first published on March 9th, 2012. Patent Trolling is indeed a remunerative fad apart from being a 'rage'. It’s also turning out to be the easiest way to make quick bucks, many of those quick bucks rather. For once, it should probably be lauded for they have highlighted the largest of loopholes that companies seem to have over-looked on their march to success. However, what should also be observed in the midst of all of this is that…

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Publicity Rights in India (Part II)

This post was first published on March 1st, 2012. Some Indian Courts, such as Delhi High Court, have of late been very aggressive in enforcing various IP rights online and in digital media. However, considering the recent development of publicity rights law in India, there has not been an instance of its enforcement online or in computer games. We will, therefore, take a computer game hypothetical to review the applicability of publicity right law. Let us assume that an…

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Publicity Rights in India (Part I)

This post was first published on February 28th, 2012. The right of publicity refers to the right to prevent unauthorized commercial use of a person's persona. A person's persona includes his name, photograph, signature, voice or any other identity.   Publicity rights vest only in a celebrity or public figure. In other words, a person must be recognized by the public in order to possess the right of publicity.  The public must identify or associate an identity to a person.…

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Gully Boy Leaked, FFI Wants Piracy Court, Kanye West Sued, REM Gets Trump Tweet Removed, and more

AICWA Bans Pakistani Actors and Artists, Gully Boy Leaked Online Soon After Release, Film Federation Demands Special Court to Control Piracy, Family Sues Kanye West for Copyright Infringement, Twitter Removes Trump Tweet After Copyright Complaint from R.E.M., SCOTUS Declines to Hear ‘Empire’ Lawsuit, YouTube Changes Three-Strike Policy to Tackle Frivolous Claims, British Columbia Man Claims Ownership over People’s Party of Canada Name, McCafé to Sponsor Two SAFTA Categories, Songtradr Acquires Big Sync Music, Mattel Secures Three-Year Licensing Deal for Despicable Me, and more. Copyright Quote “Of all the creative work produced…

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Weekly Trademark News - BananaIP Counsels

Monte Carlo and Skoda Reach Trademark Settlement, Ironman Product Licensing in India, Kashmir Saffron GI, Kardarshian Trademarks and Other News

  Indian Trademark Statistics for February (Third Week), Trademark Settlement between Breweries, Walmart and Its Happy Face, Keeping Up with Kardashian’s Trademark, Kashmir Saffron Filed for GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “A brand is a voice and a product is a souvenir.” – Lisa Gansky INTERESTING BRAND NEWS Walmart’s Happy Face Though the smiley face has been around since the 1970s, this didn’t stop the world’s largest retail major…

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Patent statistics, Interesting Inventions, US GIPC’s 7th International IP Index, IPA seeks removal of India from US Priority Watch List and other Weekly Patent News updates

“Patent statistics, Interesting Inventions, US GIPC’s 7th International IP Index, IPA seeks removal of India from US Priority Watch List and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “I truly put passion and soul into the design to make it feel like a living thing.” – Ikuo Maeda, Design Chief at Mazda Indian Patent Statistics A total of 681 patent applications have been…

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Medical Imaging- A Patent Insight

This post was first published on February 21st, 2012. Medical Imaging is in full flow and offers several advantages for clinicians to diagnose the patient’s health thoroughly.  Medical imaging is the technique and the process to create images of the human body or parts for clinical purposes and is often perceived to designate the set of techniques that noninvasively produce images of internal aspects of the body. The imaging technologies involved in medical imaging are Radiography, Magnetic resonance imaging (MRI),…

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