How is it even possible!
I know, but that’s true. European fruits and vegetables have come under threat since the European Patent Office decided this spring to allow the patenting of natural plant properties.
But that’s not legal!
You are right! As of now according to part G-chapter II-5.4.1 -when a claim to a process for the production of a plant variety is examined, Art. 64(2) is not to be taken into consideration (see G 1/98). Hence, a process claim…
Conventional plug-in hybrid electric vehicle (PHEV) is a combination of two propulsion systems, one is an IC engine propulsion system and the other is an electric propulsion system in which electric motor powered by a battery element is used for propulsion. The purpose of electric propulsion system is intended to achieve either better fuel economy than a conventional IC engine or better performance. To re-charge the battery element, manual operation has to be carried out by plugging the battery element…
This presentation was delivered by Dr. Kalyan C. Kankanala to PGP-Enterprise Management students at IIM-Bangalore, as a part of their Business Law curriculum. The presentation entitles Intellectual property and Licensing covered the following topics-
Idea- What is an idea, example, whether all ideas can be protected.
Patent- What is a patent, term of a patent.
Protection Strategy
Spectrum
Licensing
Copyright- What is copyright, idea/ expression dichotomy, term of copyright.
Protection with respect to copyright…
The idea for a flying car has now moved a step closer to reality from fantasy. The world's biggest automaker Toyota recently filed a patent application revealing a flying vehicle resembling a hover car or a roadable aircraft. The USPTO has published the patent application disclosed in application no. 14/194,795 on September 3rd, 2015. The patent discloses a vehicle that can be both, flown as a fixed wing aircraft and driven as a land vehicle.
The invention titled “stackable wing…
After intense negotiations between the United States and the Group of Least-Developed Countries, the World Trade Organization committee on intellectual property rights finally decided to extend a waiver allowing LDCs from applying and enforcing IP rights on pharmaceutical products until 2033. The consensus among the World Trade Organisation (WTO) members over extension of waivers in respect of pharmaceutical patents for the least developed countries (LDCs) is being held as a major breakthrough in the world of pharmaceutical patents.
Following the…
The Marrakesh Treaty, which focuses on the rights of the blind, visually impaired or print disabled persons, with respect to access to copyrighted works was signed on June 27th, 2013. The underlying objective of the Treaty has been to incorporate certain exceptions to the national laws of countries, in order to provide works in accessible format for persons with print disability. India became the first country to ratify the Treaty and displayed its allegiance to the cause. Bearing in mind…
In a recent development in the realm of SEP’s , a US technology firm; Unwired Planet, Inc. has won the first round against electronic giants Samsung and Huawei over a mobile communication technology said to be essential to the 4G telecommunication system. The interim judgment was passed by the UK Patents Court against as many as 8 parties including Samsung, Huawei, Google and its subsidiaries, and Ericsson earlier this year in July 2015.
In March 2014, Unwired Planet brought a…
Provisions for facilitating access of copyrighted works to the disabled, including blind persons, were introduced in the Indian Copyright Act, 1957 in 2012. Limitations and Exceptions in the Indian Copyright Law can be categorized into two types:
Fair Dealing exception for the disabled; and
Compulsory License for making works accessible to the disabled.
Fair Dealing ((Section 52(zb))
The use of a work for making it accessible to a disabled person is considered as fair dealing under the Indian…
In furtherance to my recent post on patent trolls or the Non Practicing Entities (NPEs), I would like to discuss here in this post about how software technology is becoming a treasure trove for patent trolls. Cloud based business products are one of the major business fields today. Software-oriented platforms such as C (SaaS) providers are primary targets for the patent trolls.
General observation indicates that in the area of software patents the patents are much broader. In several instance, patents…
This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited…