This post is in continuation to Standard Essential Patents : Fair? Reasonable? Non-Discriminatory? (I). In this post we will discuss the state of FRAND based litigation in other countries and look at how the Courts moved to interpret the law.
The first of the cases to be discussed are as follows:
Apple Inc. v. Motorola, Inc. and Motorola Mobility, Inc
Apple filed two complaints in the Western District of Wisconsin for patent infringement against Motorola, Inc. and Motorola Mobility, Inc., seeking…
Last Wednesday, IP Kat had reported about an interesting opinion given by the Advocate General Szpunar in the case of Tobias Mc Fadden v Sony Music Entertainment Germany GmbH, C-484/14 which states that the Operator of a shop, hotel or bar who offers a password free Wi-Fi network are not liable for copyright infringement committed by users of that network.
In the instant case Tobias Mc Fadden operated a business of lights and sound systems near Munich that provides a…
Spoofs have had a long history of getting into trouble. So it’s no surprise that when brokerage giant TD Ameritrade tried to put a cheeky spin on the iconic line “Nobody puts Baby in the corner”, Lionsgate was not so forgiving. We had initially covered the matter , back in July, 2015 when Lionsgate filed an infringement suit against Ameritrade in Los Angeles.
Just to jog your memory and for our younger readers, who might not be familiar with the film…
Not really impressed with the battery of the brand new smartphone you recently bought? Finding a mobile phone that matches your expectations completely could be tough, unless you are willing to shell a huge amount to bag that dream phone. When the camera is great the processor is not good, when the processor is good the camera might disappoint, and when the camera as well as the processor are exceptional the battery might bail out on you. We are destined…
The Department of Industrial Policy and Promotion (DIPP) recently published a discussion paper on standard essential patents (SEPs) and their availability on fair, reasonable and non-discriminatory (FRAND) terms. The paper published on 01-March-2016 invites views from the concerned stakeholders regarding Standard Essential Patents and the issues surrounding them.
This post is the first part in the series of posts to come that will discuss on the concept of SEPs. This post therefore will provide an introduction to Standrad Essential Patents and…
We all are familiar with the concept where electricity can be produced when two electrodes are immersed in an electrolyte. Recently, the researchers from Indian Institute of Science (IISc.) have developed an eco-friendly lamp that runs entirely on salt water. Here the salt water battery uses saline solution as the electrolyte. Vasant Natarajan from the Physics Department of IISc refined on this concept. The overall apparatus consists of a box (approximately 6cm in height and 11cm in length) which is…
The Copyright Board, a quasi-judicial body, is constituted under the provisions of the Copyright (Amendment)Act, 2012 and Copyright Rules , where applicable. The jurisdiction of the Copyright Board extends to the whole of India. The Board under the Act is entrusted with the task of adjudication of disputes pertaining to copyright registration, assignment of copyright, grant of licenses in respect of works withheld from public, unpublished Indian works, production and publication of translations and works for certain specified purposes, determination…
There is no doubt that there is a backlog of cases at various IP offices in India. Recently some initiatives have been taken to make India’s IP dispute resolution system speedier and more efficient. The initiatives come from two fronts-Commercial Courts and Mediation.
The Civil Procedure Code (Amendment) Act, 1999 introduced Section 89, which speaks about arbitration, conciliation and mediation as alternative dispute settlement mechanisms. The Arbitration and Conciliation Act 1996 (modeled on the lines of the UNCITRAL Model Law)…
Hello there dear readers. This post commemorates every woman without whom man would probably find life an impossible experience. There are no second thoughts that over the last few decades or so, women have come on par with men in almost every field. Be it sports, arts or literature, women are giving their male counterparts a run for their money. Women these days hold some of the top positions in several big business organizations and women entrepreneurs are continuously setting…
This post is about an interesting case relating to the use of the trade mark "MERCEDES-BENZ" by Együd Garage Gépjárműjavító és Értékesítő Kft. (‘Együd Garage’) in advertisements on the internet. The garage stated that it is an authorized Mercedes-Benz dealer. This case is filed by Daimler AG ('Daimler'), an automobile manufacturer which is the proprietor of the international trade mark "MERCEDES-BENZ" which is also protected in Hungary. The defendant is Együd Garage, a Hungarian company specializing in the retail sale of Daimler…