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THE CONSENSUAL IS NO LONGER CRIMINAL

We’re fundamentally an Intellectual Property resource. However, we believe the verdict in question here, striking down Section 377, is a historic moment in our vast legal landscape, and thus worthy of mention. Further, this verdict has implications on privacy laws, and hopefully on a societal outlook that will spur changes in a multitude of other areas of law, many of which are yet to be analyzed in this specific respect. On September 6th, 2018, the Supreme Court of India struck down…

BananaIP Reporter General, Intellectual Property, Privacy / Data Protection September 8, 2018 979Views 0Like

VOLUNTARY CENSORSHIP BY NETFLIX, PETITION AGAINST NON-VOLUNTARY LICENSES PROVISIONS OF COPYRIGHT LAW, IP ADDRESS INSUFFICIENT FOR COPYRIGHT INFRINGEMENT, HARRY POTTER HOME FURNISHING AND MORE

Netflix, Amazon Explore Voluntary Censorship, Petition Filed Challenging the Non-Voluntary Licenses Provisions of Copyright Law, Mahesh Bhatt's Jalebi Poster Inspired by 1950 Korean War Goodbye Kiss, Prince's Claims Infringement Against Piracy Network, Rod Stewart Sued for Mis-use of Image, Ownership of IP Address Insufficient for Infringement: US Court, Pottery Barn Debuts ‘Harry Potter’ Inspired Consumer Products, The Lord of the Rings free-to-play online game from Athlon Games, Huawei Optimizes More than Sponsorship of the Toronto Film Festival, Mattel Partners with…

BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law September 7, 2018 717Views 0Like

Design as a Trademark?, Bumblebee Dispute Settled, Kodaikanal Hill Garlic GI and other news

Indian Trademark Statistics for September (First Week) 2018, Trademark Monopoly Can be Over a Class? Smiley Toys to be Launched in India, Monster Energy Loses Opposition Battle, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “The ideal trademark is one that is pushed to its utmost limits in terms of abstraction and ambiguity, yet is still readable. Trademarks are usually metaphors of one kind or another. And are, in a certain…

BananaIP Reporter Intellectual Property, Trademarks September 7, 2018 966Views 0Like

Searching for Patents on Indian Patent Database (InPASS)

I recall a time when searching for Indian patents and applications online was almost impossible. Performing a search to identify relevant prior art would mean perusal of each and every weekly gazette published by the Indian patent office. These gazettes, being poorly scanned copies of the bibliographic data, would make patent searching a task in itself and let us not even begin to discuss the patience that was tested. It was a time when even the popular paid databases…

BananaIP Reporter Intellectual Property, Patents September 6, 2018 9078Views 0Like

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 5

Full text of the proposed bill can be accessed here. Penalties and Compensation A data principal who has suffered harm due to any violation of this Bill (or its rules and regulations), by a data fiduciary or a data processor, has the right to seek compensation from the party at fault. The data processor is only liable where it has acted negligently, acted outside or contrary to the instructions of the data fiduciary, not incorporated adequate security safeguards, or violated specifically…

BananaIP Reporter Intellectual Property, Privacy / Data Protection September 4, 2018 777Views 0Like

SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 4

Full text of the proposed bill can be accessed here. Data Localization This is one of the more stringent requirements of the Bill, and distinguishes it from data protection laws in other jurisdictions. The Bill requires certain categories of personal data, which the central government may notify as critical personal data, to be processed only through servers or data centers located within India (See Section 40). However, this obligation is not absolute, and allows for transfer of certain personal…

BananaIP Reporter Intellectual Property, Privacy / Data Protection September 3, 2018 714Views 0Like

Interesting Inventions, Wrong statistics by Indian Patent office, Huawei fined 10.5 million dollars, USPTO offers refunds and more.

“Interesting Inventions, Self Igniting Incense Sticks, Anti-mosquito paint, Sign language to speech synthesizer, Wrong statistics published by Indian Patent office, Patent infringement suits, US Court slaps Huawei with $10.5 million, Verizon faces patent infringement suit, USPTO offers refunds for electronic filing outage and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Patent Quote of the Week “Everything that can be associated to ideas, inventions, copyrights, and patents is part…

BananaIP Reporter Industrial Designs, Intellectual Property, IP Commercialization/Licensing, Patents September 3, 2018 949Views 0Like

SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 3

Full text of the proposed bill can be accessed here. Transparency and accountability measures Privacy by Design The Data fiduciary is obligated to implement policies and measures to ensure that: Practices and systems are designed to anticipate, identify and avoid harm to the data principal; Data protection obligations are embedded in organizational and business practices; Technology used in the processing of personal data is in accordance with commercially accepted or certified standards; Legitimate interest of business is achieved without…

BananaIP Reporter Intellectual Property, Privacy / Data Protection September 1, 2018 865Views 0Like

CAT Questions Dispute, Fox Copyright Infringement, Wolf Case, More Original Content for Amazon Prime and more.

CAT Questions Copyright Dispute, Fox Television Series “Empire” Defeats Copyright Infringement Appeal, Wolves Company Sued for Wolf Copyright Infringement, Amazon’s Push for Original Content, MoviePass Teams up with PostMates. COPYRIGHT QUOTE OF THE WEEK We live in a world where value of creativity is measured by commercial success, and copyrights are mere instruments of financial benefit, not creative progress” ― Kalyan C. Kankanala, Fun IP, Fundamentals of Intellectual Property INDIAN COPYRIGHT STATISTICS There is an increase of 16% in the total number of…

BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law August 31, 2018 822Views 0Like

SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 2

Full text of the proposed bill can be accessed here. Rights of Data Principal The Bill provides the following important rights to the data principal: Right to confirmation and access: Data principal may obtain the following information from the data fiduciary: Confirmation whether the data fiduciary is processing its personal data, Summary of the personal data processed by the data fiduciary, and Summary of processing activities undertaken by the data fiduciary with respect to its personal data. The…

BananaIP Reporter Intellectual Property, Privacy / Data Protection August 31, 2018 711Views 0Like

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