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Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Is a Method of Massaging Patentable subject matter?

First Publication Date: 12th January 2010 This post is in furtherance of a question posed by one of my students at NLSIU. The question was - "Can a method of massaging be patentable in India?". He apparently saw a massage centre stating that they have patented their massage methods. In my opinion, a process of performing a massage that is not related to treatment of a disease or disorder is patentable in India provided it satisfies the industrial applicability,…

BananaIP Reporter Intellectual Property, Patents November 4, 2018 1963Views 0Like

Waiving Moral Rights Can Be Moral

First Publication Date: 13th January 2010 Professor Anil's post inspired me to research into alienability and waivability of moral rights under national laws. I noted that national laws of civil law countries such as France, Spain, Italy and Germany expressly restrict transfer and waiver of moral rights and national laws of common law countries such as UK and Canada permit their transfer and Waiver. If we look at the international instruments such as Berne Convention for the Protection of Literary…

BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law November 3, 2018 2392Views 0Like

This image depicts a cluster of words related to intellectual property. This image is relevant because this post talks about outsourcing and insourcing of intellectual property. Click on the image to view full post.

Value of Intellectual Property for Music Bands

First Publication Date: 6th January 2010 The potential Intellectual property usually goes unnoticed by the Band itself and the impact of the same is generally realized only when the same is infringed. Hence, the protection of various intellectual properties becomes quintessential for the development and revenue generation of the Band. Some of the basic types of Intellectual Property that must be protected by a band that will be dealt in this post include: A. Trade Marks; and B. Copyrights.…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law November 2, 2018 1170Views 0Like

TRAI Act Prevails over Copyright, Netflix sued for copyright infringement, ToH deal with Google and more.

Supreme Court: TRAI Act Prevails over Copyright Law, No Winners in I&B Plan for DD Broadcast, Satanic Temple Sues Netflix for Copyright Infringement, Michael Jackson and Elvis Presley Top Dead Celebrity Earners, Thugs of Hindostan Strike Innovative Deal with Google Maps. COPYRIGHT QUOTE OF THE WEEK “The beauty of Copyright law is it protects you and it provides you the opportunity to honour others” - Peter Smith INDIAN COPYRIGHT STATISTICS There is an increase of 24% in the total number of copyright applications…

BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law November 2, 2018 775Views 0Like

Temporary Injunction: Mariappan Vs. A.R. Safiullah

First Publication Date: 9th January 2010 The holder of a patent relating to "food-grade laminated paper and a method and apparatus for manufacturing the laminated paper" filed an infringement action against Mariappan and others and sought an interim injunction to restrain infringing activities during the pendency of the suit. The Court started its analysis by observing that it was a settled position of law for granting an order of ad-interim injunction including the infringement of Designs, Copyrights and Patents that the applicant/plaintiff…

BananaIP Reporter Intellectual Property, Patents November 1, 2018 2036Views 0Like

Temporary Injunction: J. Mitra Vs. Kesar Medicaments

First Publication Date: 8th January 2010 The patent holder, Appellant, of a patent relating to a device for detection of antibodies to HepatIT is C Virus filed an infringement suit against the Respondents and applied for an interim injunction during the pendency of the suit. The Court first observed that it is well settled as held in the decisions in Bishwanath Prasad Radhey Shyam and Standipack Private Ltd. cases that the grant of a patent would not give rise to a…

BananaIP Reporter Intellectual Property, Patents October 31, 2018 1268Views 0Like

Temporary Injunction: Manika Thevar Vs. Star Plough Works

First Publication Date: 6th January 2010 The Appellant, who is the patent holder of a patent relating to a pattern of a plough having a twist filed an infringement suit against the Respondent alleging that sale of similar ploughs amounts to infringement and applied for interim injunction against the Respondent during the pendency of the proceedings. In response, the Respondent denied the allegation of the Appellant by stating that the plough patented by the Appellant was not infringed because the patent…

BananaIP Reporter Intellectual Property, Patents October 31, 2018 905Views 0Like

Kylie Jenner Sued Over ‘Born to Sparkle’, Vans – NASA collaboration for Space Age Shoes, Alibaba Emerges Victorious in a Trademark Battle and other news

Indian Trademark Statistics for October (Fifth Week) 2018, Vans Wins Trademark Battle, Samsung in Trouble with Their Galaxy, Kylie Jenner Sued Over ‘Born to Sparkle’, 326 Registered GIs in India and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Branding is not just about being seen as better than the competition. It’s about being seen as the only solution to your audience’s problem” – John Morgan INDIAN TRADEMARK STATISTICS The Indian Trademark Office…

BananaIP Reporter Geographical Indications (GI), Intellectual Property, IP Commercialization/Licensing, Trademarks October 31, 2018 729Views 0Like

This image depicts the 3 Idiots Movie Cover

“Three Idiots” Controversy – An Analysis

First Publication Date: 5th January 2010. For all the ardent Mr. Chetan Bhagat’s readers, who loved “Five Point Someone-What not to do in IIT” and fans of the movie, “Three Idiots”, the attribution controversy has not been very pleasant. In a recent press meet, producer Mr. Vidhu Vinod Chopra’s outburst over the question on Mr. Chetan Bhagat’s allegations of not being given proper credit in the film has led to an important question. The question that needs to be analyzed now is…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law October 30, 2018 5941Views 0Like

Moral of “3 Idiots”

Date of First Publication: 4th January 2010 Dr. Kalyan needs to be thanked for the timely post (dated 3rd January) on the current controversy over the credits for the movie "3 Idiots". Let me take this opportunity to air a couple of observations/questions on related issues: 1. Can the author, in this instance a fairly well known and popular author Mr. Chetan Bhagat, contract away his "moral rights" specifically, and not through the mode of assignment of copyrights of the work? Nothing…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law October 30, 2018 3088Views 0Like

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