Intellectual property law Archives

Patent Amendment Rules 2016

In furtherance to the National IPR Policy released on the 13th of May 2016, the Department of Industrial Policy and Promotion (DIPP) has issued a notification bringing the Patent (Amendment) Rules, 2016 into effect from 16th May 2016. Much of the content of the Draft Patent Rules has been maintained in the Patent (Amendment) Rules, 2016 with some further additions. Our post on the salient features of the Draft Patent Rules issued in 2015 can be accessed here…

May 17, 2016 BananaIP Reporter Intellectual Property, Patents 0Comment 1155Views 0Like

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Salient Features of the National IPR Policy – Part 1

On the 13th of May 2016, the Finance Minister, Arun Jaitley released the much anticipated National IPR Policy for India. The Union Cabinet on the 12th of May approved the National Intellectual Property Rights (IPR) Policy that seeks to lay the future road-map for intellectual property in India. Arun Jaitely said that the policy aims to increase IPR outreach, speed up approvals, enhance commercialization, and enforce norms while ensuring that all aspects of the policy are in compliance with…

May 16, 2016 BananaIP Reporter Intellectual Property 0Comment 3259Views 0Like

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The featured image shows the picture of the generic drug Temazepam. This post is about the new EU trademark law that is causing concern for India. To read more click here.

EU Trademark law threatens Indian Generic Export Market

The European Parliament and The Council of The European Union recently passed the Regulation (EU) 2015/2424 . The legislation concerns an amendment to the European Union trademark law. The new legislation has India worried as it enlists stringent enforcement provisions that allow customs officials to seize foreign consignments en route to third countries if they contain items with brand names or logos similar to those registered as trademarks in the 28-member nations of the EU block. The specific provisions that…

May 13, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 867Views 0Like

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Terrafugia gets Flying Car of the Future Patented

Conventional cars are the ones that are driven on roads. A flying car or an aero-car is one such vehicle that can be driven on the roads as well as flown in skies. Flying cars have been a dream for most people for a long time. Most of us have seen flying cars in many science fiction and fantasy movies like Star wars, Back to the future, Harry Potter, etc. Finally after decades of dreaming and waiting, flying cars have…

May 12, 2016 BananaIP Reporter Intellectual Property, Patents 0Comment 895Views 0Like

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Understanding the PCT

There are a lot of internationally accepted treaties which govern the Patent Filing process when an applicant wants to file an application outside his own country. One such example is the PATENT COOPERATION TREATY also known as PCT. In this article we attempt to present a brief overview of the Patent Cooperation Treaty. The Patent Cooperation Treaty was signed on 19th of June, 1970. The PCT is an international treaty which offers a singular unified procedure which eases the…

May 10, 2016 BananaIP Reporter Intellectual Property, Patents 0Comment 726Views 0Like

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IP for Start-ups : A Presentation by Dr. Kalyan C. Kankanala at CII Hyderabad

The following presentation was delivered by Dr. Kalyan C. Kankanala at the one day Seminar on ‘IPR Management for Startups in Electronics and ICT Sectors’ on 6th May 2016, in Hyderabad, organized by Andhra Pradesh Technology Development & Promotion Centre (APTDC) of Confederation of Indian Industry (CII) in association with Department of Electronics and IT (DeitY). Participants of the seminar included Budding Entrepreneurs, Managers/Executives in Startups and Professionals in various functional areas of Startups such as Research & Development, Marketing,…

May 6, 2016 BananaIP Reporter Copyrights, Intellectual Property, IP for Start Ups, Patents, Trademarks 0Comment 765Views 0Like

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Louis Vuitton – Food versus Fashion…

Louis Vuitton is one of the world’s largest fashion brands whose trademark LV is famous across the globe. In a recent event, the fashion brand filed a case against “Louis Vuitton Dak” – a South Korean Fried Chicken Restaurant for trademark infringement on the grounds of confusing similarity in the trademarks. According to the Korean Times - the logo of the chicken restaurant bears a close resemblance to that of original luxury brand - Louis Vuitton’s logo. In September 2015…

May 4, 2016 BananaIP Reporter Intellectual Property, Trade Secrets, Trademarks 0Comment 1893Views 0Like

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Likelihood of Confusion: Numerals as Trade Marks

In this post we will be analyzing whether a numeral Trade mark can be deceptively similar to another mark consisting of different numerals. This issue has recently been dealt with by the Delhi High Court in the case Mona Aggarwal & Anr vs. Glossy & Paints Pvt. Ltd. & Anr. The brief facts of this case are that, the Plaintiff i.e. Glossy Colour Paint Pvt. Ltd is said to have adopted and used over the mark "1001" since 1946. The…

May 4, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2040Views 0Like

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I got (NO) power-IPRS restrained from issuing licenses by Delhi HC

Not too long ago, the Delhi High Court meted out a very important decision with respect to the status of IPRS as a copyright society. The suit was filed by Mrs Chitra Jagjit Singh (Plaintiff), wife of the late artist Mr Jagjit Singh and a popular artist herself, against IPRS (Defendant 1) for wrongfully issuing licenses with respect to her and her late husband’s copyrighted works. It was pleaded by the Plaintiff that IPRS was no longer a copyright society,…

May 2, 2016 BananaIP Reporter Copyrights, Intellectual Property 0Comment 670Views 0Like

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TCS Liable for Trade Secret Misappropriation – Wisconsin Federal Court Grants 940 Million Dollars as Damages

In a recent judgment, a US Federal Court at Wisconsin held TCS liable for trade secret misappropriation along with other counts, and granted damages to the tune of 940 million dollars, the highest in a trade secret case. TCS has stated that it would appeal the decision, and the value of damages is expected to be reduced substantially. In 2014, Epic Systems sued TCS in the Wisconsin Court for trade secret misappropriation, breach of contract, unfair trade practice, and unjust…