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Elucidating the Patent Process – Part 1

This post was first published on 16th July, 2014. To comprehend the Patent Process in its entirety, it is very essential to understand clearly the different types of patent applications. This post lucidly explains the different types of applications which can be filed before the Indian Patent Office. Provisional Application Non Provisional Application/Complete Application Conventional Application PCT - International Application PCT - National Application Application for Patent of Addition Divisional Application Provisional Application is a…

BananaIP Reporter Intellectual Property, Patents July 16, 2014 1308Views 0Like

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

Grounds for Refusal of Trademark Registration – Part II

In the previous blog post, we discussed Section 9(1) which laid down a few absolute grounds for refusal of registration of trademarks. Today, we’ll explain in detail, Section 9(2) which states: "A mark shall not be registered as a trademark if: It is of such nature as to deceive the public or cause confusion; It contains or comprises any matter likely to hurt the religious susceptibilities of any class or section of the citizens…

BananaIP Reporter Intellectual Property, Trademarks July 4, 2014 2948Views 1Like

Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of Public

As discussed in our previous post, for determining the well knownness of a trademark, the claimant of the well knownness is required to prove beyond reasonable doubt that the mark enjoys high reputation among a substantial segment of consumers, with respect to the goods and/or services to which said mark is applied. In order to conceptualize the principle behind the well knownness of a trademark, it is important to understand the legal interpretations of the terms ‘substantial segment of consumers’…

BananaIP Reporter Intellectual Property, Trademarks July 2, 2014 1004Views 1Like

The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999

In continuation to our previous post on Well Known marks, in this post we will be discussing the factors that should be taken into consideration while determining the well knownness of a mark. Section 11(6) and Section 11(7) of the Trade Marks Act, 1999 discusses the factors that the Registrar of Trademarks shall take into account while determining the well knownness of a trademark. Section 11(6) provides specific factors for assessing well knownness of a trademark, and Section 11(7) provides specific…

BananaIP Reporter Intellectual Property, Trademarks June 30, 2014 2220Views 1Like

The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

Reversion of Assignments & Licenses – Part III: Notes on Copyright Amendment, 2012

The Copyright Amendment brought in a few important changes with respect to mode of assignment of works. Not exercising due care with these provisions might result in reversion of rights. Thankfully, some of these changes were all encompassing and not limited only to authors or owners of works for films. Relevant provisions of Section 19 read as follows: "19. Mode of assignment. ... (4) Where the assignee does not exercise the rights assigned to him under any of the other…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law June 26, 2014 1744Views 0Like

The image has a huge copyright sign at the center of it. The post is about copyright assignment. Click on image to view post.

Assignment & Royalty – Part II: Notes on Copyright Amendment, 2012

One of the primary purposes of the Copyright Amendment in 2012 was to ensure that authors get their well deserved consideration. The focus was primarily on authors, who create works for feature films. Other authors, unfortunately, received little or no attention. After making sure that producers do not take away ownership rights by signing 'work for hire' engagements, the amendment made changes to provisions with respect to assignment in Section 18. The first provision in Section 18, the subject of…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law June 25, 2014 1481Views 1Like

This Image depicts the clip art of 'This is the best idea i've heard all decade. This Image is relevant as the article deals with the Protecting Ideas in Entertainment Industry. Click on this Image for more Information.

Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part II

This post was first published on June 25th, 2014. We reviewed the existing scenario in the entertainment industry with respect to the protection of ideas, in my previous post - how to protect ideas. Before we move on to discuss the tool that can be used to protect original ideas/concepts that are not expressed in a tangible form, let us take a look at the practices followed in the entertainment industry by both the generator and the receiver of ideas.…

BananaIP Reporter Copyrights, Intellectual Property, Privacy / Data Protection June 25, 2014 955Views 1Like

Selden’s Patent – A Historical Patent for the Automobile Industry

This post was first published on June 20th, 2014. The name that is most often associated with Automobile patents is Henry Ford, in addition to Alexander Winton, Karl Benz, and others. Supposedly, Ford’s first experience with the patent system was not as an “Inventor” but as an “Infringer”, who allegedly infringed a US patent titled “Road Engine” granted to Selden (Patent No. 549160) in 1895. Selden’s patent, with a three-page description, five drawings, and 6 claims, controlled the entire US…

BananaIP Reporter Intellectual Property, Patents June 20, 2014 1313Views 0Like

Invention that Added Flexibility to Our Lives, Literally!

Products made from rubber have come to be a part of our day to day life in the form of automobile tires. It is used for several other applications as well. However, natural rubber becomes solid, cracks in winter and melts in summer. This unstable nature of rubber made lives of rubber product manufacturers difficult. Strong minds, however, don't go down without a fight! It was at this stage that "vulcanization of rubber" was invented by Charles Goodyear. He was awarded a US patent for vulcanized…

BananaIP Reporter Intellectual Property, Patents June 19, 2014 743Views 0Like

Special 301 Report: Chapter V. Inventive Step & 3(d) – Comprehending Apprehension or Apprehending Comprehension?

Is Section 3(d) an extension of the Inventive Step analysis? The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows: Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable…

BananaIP Reporter Intellectual Property, Patents June 15, 2014 721Views 0Like

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