A patent is a monopolistic right granted by the government for a specific period of time in return for the disclosure of an invention which is in conformance with the patent laws of a country. The protection for the invention is initiated by making a strategy as to how and when a patent application should be filed and this monopolistic right comes to an end 1 year after the payment of the 20 th year annuity/maintenance fee. The life cycle…
Music licensing means transfer of exclusive or non – exclusive rights to use a piece of music which sometimes may be a complete song, a snippet of a song or an entire album or an entire repertoire for a set period of time, for a fee. Music licensing deals can take several forms, but generally all deals dictate the presence of a licensing fee, an expiration date of the licensing agreement, and terms specifying where and how the licensee can use…
This presentation gives an overview of the patent and introduces students to the patent life cycle. It also delves briefly into justifications for patent protection.
The presentation is available here.
By Dr. Kalyan
Business Value of IP – A Presentation for United Nations Industrial Development Organisation (UNIDO)
This presentation gives an overview of the value of IP for businesses, especially SMEs. The presentation was delivered for the plastics and machine tools industry in Delhi and has specific examples to suit the said industries.
The presentation can be accessed here
By Dr. Kalyan
The Novartis decision of the Indian Supreme Court rejecting patentability of the cancer drug, Imatinib Mesylate in its beta crystalline form (commonly called 'Glivac'), has been commended for its outlook on public interest and access to health. It was in fact an important decision for cancer patients as it removes the last possible hurdle to access the drug at one-tenth of its cost, which was around Rs. 1, 20, 000/- per month. The main issue in the case revolved around…
The laws of nature exclusion is one of the basic exceptions to patent eligibility in many jurisdictions. While the extent of its applicability may vary from country to country, it is recognized as one of the important elements for subject matter enquiry with respect to biology based inventions. Laws of nature include products of nature, natural relationships and natural phenomena, among others. The test that is commonly followed for determining whether an invention falls within the scope of laws of…
In a recent judgment, A U.S. Court ruled in favor of Georgia State University’s professors’ using excerpts of published works for the purpose of education. The case primarily rules in favor of the professors and the university on the issue of Copyright Infringement.
The case involved Georgia State University on the defending side and three major publishing companies namely, Cambridge University Press, Oxford University Press, and SAGE publications as the plaintiffs who had collectively filed around 74 copyright infringement claims against…
This presentation covers Copyright Amendment Bill 2011, the importance of registering copyright and provides an insight into copyright infringement in the entertainment industry. Please see the document embedded below for more details.
This post was first published on 15th February, 2012.
A trademark associates a considerable amount of goodwill with a product and hence businesses go to great extents to exploit this potential of a trademark and therefore, they strive hard to protect their trademarks. A recent instance where a seller of a product fought with the manufacturer of the product over the ownership of the trademark is the Trans Tyres India Pvt. Ltd. v. Double Coin Holdings Ltd. & Anr. case, which…
This post was first published on February 9, 2012.
Research centres today are waking up to the revenue potential of their research data and are ready to go to the extent of fighting legal battles to claim, protect and benefit from their intellectual property. One such battle is the lawsuit filed by the Leonard and Madlyn Abramson Family Cancer Research Institute at Pennsylvania against its former scientific director, Dr. Craig B. Thompson (who is currently the President & CEO of Memorial…