Design can be broadly described as the outer appearance or the shape of an article visible to the naked eye. In India and in most other parts of the world, a new and distinct design can be conferred Intellectual property protection as an Industrial design, provided it fulfills the parameters that have been laid down by the law for such protection. Industrial Design protection is limited to only the aesthetic appearance of an article and does not extend to its…
“Indian patent statistics, Interesting inventions, IIT Madras to host Shaastra Summit, Qualcomm forced to license its patents to rivals, USPTO’s new Sponsorship Tool to give other members access to the Patent Electronic System, USPTO grants a patent to a composition containing Cannabis and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Design Quote of the Week
"Design is the silent ambassador of your brand.” – Paul Rand, American…
First Publication Date: 10th February 2010
In a decision delivered on February 8th, 2010, the Delhi High Court held that an applicant aggrieved by the rejection of his application by the Controller based on a pre-grant representation may file an appeal to the Intellectual Property Appellate Board (IPAB). The court delivered the decision after consolidating writ petitions filed by UCB FARCHIM, COLORCON, YEDA RESEARCH & DEVELOPMENT and ELI LILLY. As per the Court, a rejection by the Controller based on…
First Publication Date: 9th February 2010
Every now and then I come across this question, and most often it’s asked by individual inventors and start-ups. In most cases, when you invent something, the next logical step would be to raise funds and build a business around it. To raise funds you will have to disclose the idea/invention to several VCs, preferable after signing a non disclosure agreement (NDA). A NDA, in brief, is a legal instrument that binds the parties entering…
First Publication Date: 9th February 2010.
In furtherance to Vikram’s post on Paragraph IV certification and its exploitation by generic pharmaceutical companies (ANDA applicant) to enter the market sooner, here is an insight on the NDA holders’ attempt to exploit the same.
Every ANDA application filed by a generic company has to be in a prescribed format and must contain the prescribed content as per 21CFR sec. 314.94 (Contents and Format of an Abbreviated application). Each of these applications…
First Publication Date: 29th January 2010
One of strategies prevalent in the pharmaceutical sector is to invest in research through which new chemical entities and new products can be invented which will help to challenge the existing patents successfully. However, with the amount of money involved in this kind of strategy, a lot of other strategies have emerged by which pharmaceutical companies mainly generics do business, one of which are challenges of patents under Para IV of the Hatch…
‘Sarkar’ Accused of Copyright Infringement, 'Thugs of Hindostan' Leaked, China Bans More Than 6,000 Karaoke Songs, Rihanna Sends Notice to Trump for Unauthorised Use of Music, Treats for Fans of the Harry Potter Wizarding World, Google Ropes Sephora Into Home Hub Partnership
COPYRIGHT QUOTE OF THE WEEK
“I believe in copyright, within limited precincts. But I also believe in fair use, public domain, and especially transformation” -David Shields
INDIAN COPYRIGHT STATISTICS
There is an increase of 35% in the total number of copyright…
First Publication Date: 27th January 2010
A Round Table conference on Protection of Traditional knowledge was concluded recently (January 25-26, 2010) at National Law School of India University, Bangalore. The two day conference was held for the deliberations on the Sui-Generis Model developed for the Protection of Traditional Knowledge / Traditional Cultural Expression. One of the highlights of the discussion was The Traditional Knowledge (Protection and Regulation to Access) bill 2009 (Hereinafter called as “Bill”) drafted by NLSIU, Bangalore. To leave…
First Publication Date: 27th January 2010.
This post is in furtherance of Kartik's post titled "Patent infringement analysis or FTO analysis in India - Challenges" relating to performing patent infringement and FTO analysis in India. Through this post, I wish to explain the basic steps for assessing patent risks.
Patent activity has been growing in India at a steady rate. Increase in patent filings/grants and litigation indicates the growing interest of corporates to protect and enforce patents. Under such circumstances,…
Indian Trademark Statistics for November (First Week) 2018, ByteDance sued for Helo, P&G Loses Trademark Battle, Sangli chi Halad Obtains GI Acceptance and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A brand is not just a logo, it’s the overall impression and experience you give to your audience and customers. Your brand expresses the value you provide. It’s you!” – Amy Locurto
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office has been slow…