Intellectual property law Archives

Trans-border Reputation of Well Known Marks – Part IV

This post was first published on 7th July, 2014. Spillover reputation of trademarks is a subject matter of endless legal tussles. Indian Courts and Tribunals frequently deal with cases related to foreign entities challenging honest and bona fide use of a similar mark by Indian entities even in situations where such foreign entities are not using their marks in India. In this post, we will discuss the concept of Transborder reputation. To claim Transborder reputation for a mark in India, the mark…

July 27, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1288Views 0Like

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The image is a picture of Quintin Tarantino. The post is about a copyright claim by him. Click on image to view post.

Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

This post was first published on 17th May, 2014. "No", says a federal judge in California, dismissing Hollywood's star director, Quentin Tarantino’s claim against Gawker Media, LLC. Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight". Tarantino, a multiple Oscar winning/nominated writer-director, discovered that his copyright protected script was leaked. Gawker, on its website, reported the leaked Tarantino’s…

July 26, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 2928Views 0Like

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Permission to File a Patent Application Outside India

This post was first published on 16th July, 2014. This piece of writing tries to convey an important requirement under the Indian Patent law for an applicant residing in India who wishes to file patent applications outside India, directly. Any inventor or applicant is free to seek protection anywhere in the world. At times priority is given to a foreign country over India when there is less or no market potential to the invention in India or when the invention falls within…

July 26, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 790Views 0Like

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YouTube Improves its Manual Copyright Claims System, Netflix Launches a New Mobile Plan in India, Reliance Introduces its E-Commerce Platform and more.

Telugu Remake of Band Baaja Baaraat Restricted from Being Released in Any Format; India Inc. Loses 12.8 Cr. to Data Breach; YouTube Improves its Manual Copyright Claims System; New Zealand Contemplates Amendments in its Copyright Law; The Copyright Alternative in Small-Claims Enforcement Act (CASE) to be Passed in the US; Plex-The New Custom Streaming Service; Netflix Launches a New Mobile Plan in India; Google Launches its Shopping Platform in the US; Alibaba Supports SME’s in the US to Connect Globally;…

July 26, 2019 BananaIP Reporter Copyrights, e-Commerce Law, Intellectual Property, Media and Entertainment Law 0Comment 855Views 0Like

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Restricting ‘Pay-for-Delay’ Agreements

This post was first published on 6th August, 2014. A total of more than 420 million Euros was imposed recently as fine by the European Competition Commission on five major Pharma companies for entering into ‘Pay-for-delay’ agreements with Generic companies. These fines and related measures were imposed to restrict the drug majors from entering into these non-competitive kind of deals to maximize their commercial gains. Of the five, the drug maker, Servier has been fined 331 million Euros for the anti-hypertensive…

July 26, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 705Views 0Like

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

Copyright Assignment & Licenses – Part II

This post was first published on 26th June, 2014. This post is in continuation of my earlier post regarding the meaning and principles behind copyright assignments in India. In this post, we will be specifically addressing the factors that should be taken into account while preparing an Assignment Deed and License Agreement. Section 19 of the Copyright Act, 1957 as amended in 2012, lists certain exhaustive factors that should be taken into consideration by the parties involved, while preparing an Assignment…

July 26, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1334Views 0Like

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Wacky Patents 4 – Mode-Enhanced Hindustani Music

This post was first published on 19th December, 2014. It’s a musical world. From the pitter patter of raindrops to pulsating headaches, there is music everywhere. In many languages, voice modulation and tone become part of communication. Ever wondered if a method of creating music could be patented? Well, that’s exactly what Wacky Patent 4, Mode enhanced Hindustani Music is about. US Patent Application No. 10/082,777 filed in February, 2002 by two inventors of Indian Origin, Prabhakar Prahlad Jamkhedkar and Prashant Prabhakar Jamkhedkar, was granted…

July 26, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 872Views 0Like

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This image depicts a pizza, as the post is about trademarking flavours. Click on the image to read the full post.

Flavour Marks – Can They Become a Reality?

This post was first published on 26th November, 2014. Here is the next post in the series of Student Blog Contest. This post is authored by Amrita Vasudevan. Every city has its food treasures and eating haunts, and Bangalore, for example, has Shivaji Military Hotel's Donne Biryani or CTR's Benne Masala Dose, both of which have quite the fan following. Eating joints like these often become landmarks, and a ‘must visit’ for tourists. We often associate a particular taste or flavour with an…

July 26, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1265Views 0Like

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Image for Green Cross Holdings vs. Controller of Patents and Deputy Controller of Patents

Inventive Step of an Invention Analysed

This post was first published on 16th July, 2014. We will today discuss a case in the Indian Patent history that showcases how the IPAB and the IPO analyse the Inventive Step or Obviousness of an invention. Green Cross Holdings (Appellant) v/s Controller of Patents and Deputy Controller of Patents (Respondents) Case: This judgment, passed on June 18th, 2014 by the IPAB, was based on an appeal made by Green Cross Holdings against the order made by Deputy Controller of Patents on…

July 26, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 908Views 0Like

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This image depicts Philo Fransworth with a Television of the medieval era. This image is relevant as the post is about patent of the Idiot Box. Click on this image for more information

Father of the Electronic Idiot Box

This post was first published on 2nd September, 2014. Mr. Fransworth is regarded as the Father of Television. I would rename him as Father of Electronic Television, as most of us, including me, have learned in our school days that Mr. John Logie Baird is the Father of Television. The truth is Mr. Baird’s television was based on electro-mechanical systems, whereas Mr. Fransworth’s television was electronic. Mr. Fransworth showed glimpses of his brilliance since childhood by describing and diagramming a television in 1921, when…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 962Views 0Like

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Celebrating 20 Years of IP Excellence

Trans-border Reputation of Well Known Marks – Part IV

Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

Permission to File a Patent Application Outside India

YouTube Improves its Manual Copyright Claims System, Netflix Launches a New Mobile Plan in India, Reliance Introduces its E-Commerce Platform and more.

Restricting ‘Pay-for-Delay’ Agreements

Copyright Assignment & Licenses – Part II

Wacky Patents 4 – Mode-Enhanced Hindustani Music

Flavour Marks – Can They Become a Reality?

Inventive Step of an Invention Analysed

Father of the Electronic Idiot Box

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