Intellectual property law Archives

This image depicts a bowl of jamuns. this post explores if jamuns can be patented. Click on the image to read the full post.

Strategy to Patent Jamun

This post was first published on 8th November, 2012. The Jamun patent saga, earlier reported to be the subject of government revocation has spurred discussions and debates across India on various counts, ranging from mode of revocation to CSIR's blind eye to Indian applications. My attempt in this post is not to add another opinion to the existing ones but to bring forth that a composition of Jamun can be susceptible to patent protection. All of us in India…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1232Views 0Like

ShareFacebook

This image depicts managers in discussion.

They Are All Honourable Men

This post was first published on 10th July, 2012. The inevitable question once again - "How many IP managers know what they are doing with their IP?" While I am compelled to say all of them, it is sad that very few have a macro level picture. This opinion has not been pulled out of thin air, it is based on IP work of many professionals in the trenches. One reason for this gap, if I may call it…

July 25, 2019 BananaIP Reporter Intellectual Property 0Comment 618Views 0Like

ShareFacebook

Harmonious Construction Can Ignore the Term Clause

This post was first published on 25th May, 2012. The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 715Views 0Like

ShareFacebook

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.

Part III: Descriptive Marks

This post was first published on 8th September, 2014. In continuation to the earlier post where we covered the US approach towards protection of descriptive marks, in the current post, we will be analyzing the circumstances in which descriptive marks can be protected in the EU. The EU position towards descriptive marks is clearly stated under Article 7(1)(c) of the Council Regulation (EC) No. 207/2009, which is couched in the similar language as that of the provision in the Indian Trademarks Act 1999,…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 826Views 0Like

ShareFacebook

This image depicts the Steam Engine invented by James Watt. This image is relevant as the post is about the invention which has brought the Industrial Revolution. Click on the image for more information

Invention that Revolutionized the Industrial Revolution!

This post was first published on 13th October, 2014. Most of us have learned about the Industrial Revolution that took place in the 18th and 19th centuries, that ultimately resulted in the transition to the new manufacturing processes found even today. While I was reading about the industrial revolution, the question that flashed in my mind was, "Is there any invention that fueled the revolution?". Well, surprisingly (or not), the answer is a Yes! It's nothing but the Steam Engine. Let…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1426Views 0Like

ShareFacebook

Patentability of Higher Life Forms

This post was first published on 5th September, 2014. Today we will be discussing a case where the patent grant was rejected by the Canadian Patent Office as higher life forms are patent ineligible subject matter under the Act. Canada (Commissioner of Patents) (Appellants) vs. President & Fellows of Harvard College (Respondents) Case: The case was about a patent application filed by the Harvard College for a transgenic mouse. In the transgenic mouse, the genome was genetically altered with the insertion of an oncogene.…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1101Views 0Like

ShareFacebook

This Image depicts the Copyright License Agreement. . This Image is relevant as the article deals with the Section 31(d) of the Copyrights Amendment Act,2012. Click on this Image for more Information.

Broadcasting Licenses under Sec. 31D of Copyright Amendment Act, 2012

This post was first published on 4th September, 2014. The Copyright Amendment Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which authorizes the Copyright Board to grant licenses to communicate to the public by way of performance of a literary or musical work and sound recording, which has already been published after paying Royalty fixed by the Board. One question that is frequently raised with respect to this section is its relevance and applicability to…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1360Views 0Like

ShareFacebook

Can there be a Patent for a Method of Patent Trolling?

This post was first published on 11th October, 2014. How about committing the crime of killing all the criminals so as to prevent crime? Sounds outrageous, doesn't it? Well, then how about patenting the patent troll in order to prevent patent trolling? The USPTO is proof enough for granting some of the weirdest and craziest patents. But this one seems to be the cherry on the icing on the cake. Halliburton Energy Services Inc. has made an Application No. 11/741429 before the…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 816Views 0Like

ShareFacebook

Crossing the Rubicon: A Fork in the Road – Go Right or Left?

This post was first published on 24th July, 2014. Case Analysis of Dr. Aloys Wobben and another vs. Yogesh Mehra and others. CIVIL APPEAL NO. 6718 OF 2013 Facts: Dr. Aloys Wobben (Appellant) owns approximately 2,700 patents in more than 60 countries of which 100 patents are in India in the field of wind turbine generators and wind energy converters. Appellant was carrying out the manufacturing process in India through a joint venture partnership with the Yogesh Mehra and Ajay Mehra (Enercon India Limited)…

July 24, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1687Views 0Like

ShareFacebook

This Image depicts the Word Art of 'Copyright'.This Image is relevant as the article deals with the Bombay High Court's Clarification on grey areas in Copyright Amendments Act,2012. Click on this Image for more Information.

India’s Copyright Societies & Collective Rights Management – Part VI

This post was first published on 4th August, 2014. The primary purpose of a Copyright Society, also referred to as a Copyright Collective, is Collective Rights Management. A typical society acts as a middle man between authors/owners of copyrighted works and the Licensees of such works. Simply put, authors transfer all or some of their rights to the society and the society, in turn, licenses those rights, collects royalty and distributes the royalty among authors. The society also collects an administrative,…