Intellectual property law Archives

The featured image shows the word censored written in white letters on a grey background. The post relates to the recent row between producers of udta punjab and CBFC. To know more, please click here.

Freedom of expression and Censorship

The Central Board of Film Certification’s (CBFC) discomfort to allow filmmakers’ “freedom of expression” has been a subject of clash quite often, with the recent one involving the producers of the film Udta Punjab, a drug abuse themed film, who approached the Bombay High Court challenging the order of CBFC asking it to delete different items, words, references etc.The Court said that CBFC’s power is to only certify movies for public exhibition and not to censor them. The parties have…

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The featured image shows powdered turmeric in a steel bowl with a spoon inserted inside. This post deals with traditional knowledge associated with turmeric. To know more, please click here.

The Curious Case of Turmeric Latte

Turmeric Latte is experiencing a wide following and has attained a cult status in the market abroad. From Sydney to San Francisco, cafes and restaurants are adding turmeric latte to their menus and the rising popularity of the same is reflected in the gradual loss of sales of different coffee lattes.The Guardian analyzing the market demand has given Turmeric Latte a title - ‘2016’s drink of choice’. Google, too in its report of November 2015 to January 2016 has mentioned…

June 10, 2016 BananaIP Reporter Intellectual Property, Traditional Knowledge 0Comment 1841Views 0Like

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Sony’s use of Emoji: A possible legal dispute

Sony might have to settle a possible trademark as well as copyright dispute with Marco Husges, before it can release an animated film titled “The Emoji ”. Marco Husges, is a game developer and emoji creator who has previously worked on the MMO Shadowbane, Starbreeze Studio’s Enclave and had filed for commercial trademark of the word "emoji" back in 2013. He claims to have trademark merchandising rights over 3000 emojis. The rights over the emoji shouldn’t be confused…

June 8, 2016 BananaIP Reporter Copyrights, Intellectual Property, Trademarks 0Comment 768Views 0Like

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ABS Entertainment, Inc. v. CBS Corporation, et al.

This article relates to an interesting summary judgment passed by the District Court of California in a suit brought for copyright infringement. The Plaintiffs, ABS Entertainment Inc., Barnaby Records, Inc., Brunswick Record Corporation, and Malaco Inc. (collectively addressed as “Plaintiffs”) brought a copyright infringement suit against CBS Corporation and CBS Radio Inc. (collectively addressed as “CBS” or “Defendants”) for publicly performing, through radio broadcasts or digital internet streams, the Plaintiffs’ pre-1972 sound recordings. It is necessary to state the…

June 6, 2016 BananaIP Reporter Copyrights, Intellectual Property 0Comment 781Views 0Like

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Disney and Dalian Engage in Comic Wars

A conflict for the protection of intellectual property right arose recently in China when a Chinese based Infrastructure Company, Wanda Company diversified its business and entered in to a theme based park. It is interesting to note how the conflict arose in this case. The facts are as follows: on the inauguration of the theme park of Wanda Group on 28th May 2016, few people who were alleged to be workers of the park, were seen clad in Captain America,…

June 2, 2016 BananaIP Reporter Copyrights, Intellectual Property, Trademarks 0Comment 736Views 0Like

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Google’s use of Java APIs in Android – fair use?

The District Court of the Northern District of California held last week that Google's use of 37 Java APIs of Oracle does not give rise to copyright infringement liability because it is fair use. On remand from the Federal Circuit, in a Jury trial, Google's use of Java APIs and around eleven thousand lines of code was held to be fair use as it is meant to promote inter-operability and compatibility between programs. You may read our earlier post for…

May 31, 2016 BananaIP Reporter Copyrights, Intellectual Property, Open Source Licensing 0Comment 835Views 0Like

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Is use of Java APIs by Google Fair Use?

In 2010, Oracle sued Google for copying 37 Java packages, 8 specialized Java security packages, and a routine called “rangeCheck" in its Android operating system. Oracle claimed in the suit that Google is liable for infringing two of its patents in the software and that Google is also liable for copyright infringement for literally copying the code. The suit was filed in a California District Court. Oracle claimed damages to the tune of nine billion dollars in the suit. …

May 25, 2016 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source Licensing 0Comment 856Views 0Like

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The image depicts a round plate with various spices like turmeric, cumin seeds, cinnamon, fenu greek placed on it. This post relates to traditional knowledge. For more information click here.

National IPR Policy – Traditional Knowledge Related Objectives

India approved its first ever Intellectual Property Rights (IPR) policy with a vision to stimulate creativity and innovation and to promote advancement in science and technology, arts and culture, traditional knowledge and biodiversity resources. The policy lays out seven broad objectives and they are as follows: Awareness: outreach and promotion; Generation of IPRs; Legal and legislative framework; Administration and management; Commercialization of IPR; Enforcement and adjudication; and Human capital development. This article considers various…

May 24, 2016 BananaIP Reporter Intellectual Property, Traditional Knowledge 0Comment 1142Views 0Like

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National IPR Policy – Copyright Related Objectives

On the 13th May 2016, the much anticipated National IPR Policy was released which aims to lay down a system of growth for intellectual property rights (IPRs) in India by ensuring the protection of new innovations ,research and development while establishing a stable framework in the country for the domestic and foreign investors alike. Though the salient features of the IPR Policy have been explained in detail in our previous post, the core objectives of the Policy are highlighted below…

May 23, 2016 BananaIP Reporter Copyrights, Intellectual Property 0Comment 967Views 0Like

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NIPR Policy – Action points on Geographical Indications, Trademarks and Designs

The National IPR Policy for India, released on 13th May 2016 outlines seven broad objectives laid down by the policy, as discussed in the earlier posts accessible here and here. This post will focus on the aspects of Geographical Indications, Designs and Trademarks dealt by the new IPR Policy. The policy highlights the lack awareness of IP benefits and rights among possible IPR generators and holders. The Policy addresses the concern that Geographical Indications (GIs) needs to be promoted especially…