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Decorated Christmas Trees

First Publication Date: 21st December 2010. It is a busy world and a busy life. People are in a hurry to earn their living and achieve some thing in life. During the rush to fulfill their dreams, they hardly find time to catch up with their loved ones and even forget to enjoy life. That is the point where festivals play a significant role. Nowadays festivals are the only occasions during which people reunite with their dear ones and find…

BananaIP Reporter Intellectual Property, Patents December 24, 2018 834Views 0Like

This image depicts a gate locked with a chain. This image is relevant because this post talks about the validity of Employee's Non-Compete Covenants in India

Validity of Non-Compete Covenants in India

First Publication Date: 15th December 2010 Agreements that restrain an employee from working with a competitor or carrying out a competing business are called Non-compete agreements. Such agreements, when reasonable are considered to be valid in countries such as USA and UK. However, under the Indian law Non-compete agreements are valid to a very limited extent because agreements in restraint of trade or employment are void under Section 27 of the Indian Contract Act. The section reads as follows:"27. Agreement in…

BananaIP Reporter Intellectual Property, Trade Secrets December 24, 2018 1311Views 0Like

Shielding Patent Attacks – A Peek at Patent Defenses in India

First Publication Date: 11th December 2010. A person falling within the scope of a defense will not be liable for infringement though his product or process is infringing. Some of the defenses to patent infringement recognized under the Indiann Patent Law are:A. Experiment, Research or Education; B. Bolar Exemption; C. Government use; and D. Parallel Imports. A. Experiment, Research or Education Use of a patented invention for experimentation or research is a defense to patent infringement. The provision relating to experiment and research under the Indian…

BananaIP Reporter Intellectual Property, Patents December 23, 2018 752Views 0Like

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 895Views 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 856Views 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 1070Views 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 2052Views 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 967Views 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 791Views 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 2480Views 0Like

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