Intellectual property law Archives

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Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

This post was first published on 24th April, 2012. The relevant paragraphs of the case are reproduced below, a case brief will follow soon: 60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage…

July 24, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 761Views 0Like

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This Image depicts the word art of 'Personality'. This Image is relevant as the article deals with the Persoanlity Rights in India. Click on this Image for more Information.

Personality Rights in India – Part I

This post was first published on 23rd June, 2014. Intellectual Property (IP) has been continuously evolving. It is now not restricted to just categories like Patents, Trademark, Designs and Copyrights. Judicial activism has widened the scope of IP to cater to new forms of protection, one such addition is "Personality Rights". Personality Rights are made up of two kinds of rights: the Right to publicity and the Right to privacy. The Right to publicity which is usually attributed to celebrities or famous people is of great…

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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 1

This post was first published on 2nd July, 2014. A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Hence for a mark to be registered as a trademark under the Trade Marks Act, 1999, it has to satisfy three requirements which include: It should be a mark It should be capable of being represented graphically It should be capable of distinguishing the goods or…

July 22, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 11834Views 0Like

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Pop King’s Patent – The Lean Against Gravity

This post was first published on 23rd March, 2011. Michael Jackson will always be remembered as the King of pop and will always remain the greatest entertainer of all time. He thrilled everybody with his superb innovative dancing skills and inspired people to innovate their own unique style. He rollicked with his Moonwalk in Smooth Criminal. The moonwalk was earlier known as backslide, but it was Michael Jackson who made it famous after performing it in his song “Billie Jean”.…

July 22, 2019 BananaIP Reporter Intellectual Property, Media and Entertainment Law, Patents, Publicity Rights/ Celebrity Rights 0Comment 1264Views 0Like

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This image depicts Tablets and Capsules of various colors. This image is relevant as the topic is about Final Guidelines for Examination of Pharmaceuticals Published. Click on the image for more information

Revised Draft Guidelines for Examination of Patent Applications in the Pharma Industry

This post was first published on 22nd August, 2014. The Controller General of Patents, Designs and Trademarks (CGPDTM) published the revised draft guidelines for the examination of patent applications in the field of Pharmaceuticals on August 12, 2014. The main intention of said guidelines was to bring in a uniform practice for the examination of patent applications relating to the Pharmaceutical field. Earlier in the month of February, the CGPDTM had published the draft guidelines with regard to this and had…

July 22, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 774Views 0Like

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Smoking Without Smoke

This post was first published on 9th April, 2011. Smoking has become one of the biggest problems haunting youngsters today. Many of us know the famous scene from a Tamil movie starring Rajinikanth where Rajinikanth takes on the challenge of flipping his cigarette into the air and catching it with his mouth and repeats this ten times. Though, this kind of scenes get applauded by the audience in the theatre but when it comes to real life, smoking is considered to…

July 22, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 702Views 0Like

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Patentability of Yoga- An Analysis

This post was first published on 22nd March, 2012. We are all aware that what is already existing in the public domain falls outside the scope of patentability. This is because it is already known and hence the aspect of novelty, which is the primary requirement to qualify for a patent is absent. Moreover, what is already there in the public domain cannot be taken back, because patents grant exclusivity to the inventor. Patenting of traditional knowledge is nothing new, and…

July 22, 2019 BananaIP Reporter Intellectual Property, Patents, Traditional Knowledge 0Comment 2332Views 0Like

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The image depicts Cipla's range of veterinary products marked 'Advantage'. Another company has a similar mark 'Advantix' for the similar products. This post talks about how the trademark issue was settled. Click on the image to read the full post.

Trademark Litigation: ‘Advantage’ of Settlement

This post was originally published on 18th December, 2011. Bayer and Cipla have recently settled trade mark litigation with respect to Advantage and Advantix trade marks. These trade marks were registered by Bayer at the USPTO and are being used for veterinary products. Cipla has been marketing one of its pet products under the trade mark, DA Double Advantage with the aid of an online supplier called Archipelago. Aggrieved by Cipla's actions, Bayer filed a suit in a US court…

July 22, 2019 BananaIP Reporter Intellectual Property, Patents, Trademarks 0Comment 890Views 0Like

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Common Reasons for Delay in Grant of Patent

This post was first posted on 20th July, 2o14. A Patent gives its owner a monopolistic right and protection against unauthorized use of anything under its protection. This is the reason that a patent only gets granted once it passes several levels of stringent scrutiny. This phase is called the examination of the patent application. Examination of the application determines whether the patent application is worthy of a patent grant and thus, unless the application fulfills all patentabilty criteria, it does not receive a grant. For…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1379Views 0Like

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The image depicts a sack containing cotton seeds.

Patents May be Relatively New to Indians, but Inventions are Not

This post was first published on 10th March, 2014. It gives the SiNApSE blog Team great pleasure to bring forth to our readers a 1971 US patent in which Mr. C. T. Dwarakanath from CFTRI, Mysore, was an inventor. Mr. Dwarakanath was a co-inventor in the patent entitled, "Process for reduction of aflatoxin content of oilseed meals by ozonization", bearing number 3,592,641. The invention was conceived and reduced to practice during one of his visits to Louisiana, USA on a project…