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Integrating Secrecy and Exclusivity to Gain Competitive Advantage

First Publication Date: 10th December 2010. Patents protect inventions by granting exclusive rights for a period of twenty years and trade secrets protect any information having business value as long as the information can be maintained secret. Unlike patents, trade secrets need not be registered and will remain valid based on measures taken by the trade secret holder. The subject matter of trade secrets is very broad and a very small portion of that subject matter relating to inventions overlaps with…

BananaIP Reporter Intellectual Property, Trade Secrets December 22, 2018 859Views 0Like

Negotiating License Agreements

First Publication Date: 9th December 2010 This is in furtherance of my post on drafting patent licenses. The final deal in a license transaction depends on how well a person can negotiate and not on what is fair. "You get what you bargain for and not necessarily what is fair." Therefore, preparation for a license negotiation and negotiation skills play an important role in the final outcome. The first step towards preparing for a license negotiation is patent strength evaluation. A Licensor…

BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Patents December 21, 2018 834Views 0Like

Ilaiyaraaja’s Royalty Claim, copyright infringement by T-Pain, Motorola Adds Copyright Infringement, Viacom 18 new series with Gates Foundation and more

Court Summons Ronnie Screwvala for Copyright Violation, Artistes Seek Clarity on Ilaiyaraaja’s Royalty Claims, T-Pain’s Song off YouTube After Infringement Claims, Alfonso Ribeiro Sues Fortnite for Stealing the 'Carlton' Dance, Motorola Adds Copyright Infringement Claim to Suit Against Hytera, Petition Against EU Article 13 Gets 4 Million Signatures, CJ ENM Becomes Warner Brothers’ Exclusive Licensing Agent in Korea, Viacom18 to Launch Series on Sanitation with Gates Foundation. COPYRIGHT QUOTE OF THE WEEK "We have a massive system to regulate creativity. A…

BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law December 21, 2018 1040Views 0Like

A Conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010. Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed…

BananaIP Reporter Intellectual Property, Patents December 20, 2018 1986Views 0Like

Drafting Valid Patent Licenses

First Publication Date: 8th December 2010 The clauses in a license agreement vary based on the nature of the patented invention. Each technology has certain unique characteristics and applications, which influence license drafting. Some of the basic clauses that go into every license agreement are as follows:This post is in furtherance of the post "Sensing Licensing Opportunities". A license is an authorization given by the patent holder to exercise the exclusive rights granted by the patent. It permits the person…

BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Patents December 19, 2018 938Views 0Like

Nike’s Win, Oyo to Expand to UK, Oxford University in Trademark Dilemma, and other news

Indian Trademark Statistics for December (Third Week) 2018, Hakuna Matata is Disney’s?, Playboy for Your Feet, Oyo Rooms to Expand to UK, Bihar’s Silao Khaja Obtains GI Registration and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “The future of branding is marketing with people, not at them” - John Morgan INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a slow week. The total number of the show cause hearings issued…

BananaIP Reporter Intellectual Property, Trademarks December 19, 2018 764Views 0Like

This picture depicts a person keeping a finger on his lips. This image is relevant because this post talks about the secrecy obligations of employees. Click on the image to view full post.

Secrecy Obligations of Employees

First Publication Date: 7th December 2010. Trade Secrets form an important part of intellectual property owned by most knowledge driven companies. Infact, patents and others are just the tip of the intellectual property ice berg of a company, the rest being trade secrets. Most countries including India do not have legislations protecting trade secrets and the law with respect to their protection emanates from court decisions. Agreements have been recognized by Indian courts to be valid measures to protect secrets.…

BananaIP Reporter Intellectual Property, Trade Secrets December 18, 2018 2397Views 0Like

Mitigating Patent Risks

First Publication Date: 7th December 2010 This is in furtherance of the post "Assessing patent risk in India". Mitigation and management of patent risks assumes very high importance in the light of increasing patent enforcement in India. Risks from patents primarily come from infringement of patents of others. Some of the common strategies for risk mitigation are as follows: a. Design around; b. Licensing; and c. Invalidation. a. Design Around Risks from a patent can be mitigated by designing around the claims of the…

BananaIP Reporter Intellectual Property, Patents December 17, 2018 1485Views 0Like

Indian Patent Statistics, Interesting inventions, DIPP publishes draft patent amendment rules 2018, International patent news and more

“Indian patent statistics, Interesting inventions, DIPP publishes draft patent amendment rules 2018, European Patent Organization elects a new Chairperson, Alibaba all set to join the Open Invention Network, after Microsoft, LIPO launches its first ever web portal for IP Filings, IPOS grants its first patent under the FinTech Initiative 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 “The ultimate strategy is to increase…

BananaIP Reporter Intellectual Property, Patents December 17, 2018 837Views 0Like

Sensing Licensing Opportunities

First Publication Date: 6th December 2010 Licensing is one of the important ways by which companies generate revenue from their patents. Assignment or licensing is the only way by which many dedicated research firms, that develop a portfolio of patents through focussed research make money. For many knowledge driven companies patents add value by providing competitive advantage or business advantage through exclusivity. Decision with respect to investments in R and D are made by most companies based on possibilities of patent…

BananaIP Reporter Intellectual Property, Patents December 16, 2018 737Views 0Like

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