Intellectual property law Archives

Statutory Licensing for Broadcasting Organisations

The objective of non–voluntary licensing is two-fold. First, to overcome the difficulty of locating the correct owner of the copyrighted work and getting an individual license from him and second is to avoid the creation of monopoly of copyright owners. The result the state looks at achieving from this provision is ensuring public dissemination and authors' compensation and avoiding market monopoly. The Copyright (Amendment) Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which…

November 16, 2015 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 818Views 0Like

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Cooking up IP in the Food & Beverage Industry

Food and food products are the largest consumption category of India’s over a billion population. The Food and Beverage (F&B) industry encompasses the formulation, processing, production, distribution in wholesale or retail, and delivery of food products. Though a highly fragmented industry, there are more than 35,000 food processing and beverage production companies in the market. The industry accounts for approximately 9% of the overall manufacturing GDP of the country. Being an industry that has experienced more than 30% growth over…

November 13, 2015 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing 0Comment 1147Views 0Like

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‘DEMAND’ only if you want to

International preliminary Examination is an optional part on the applicant for an International application, but all PCT applications nevertheless undergo examination either with or without having examiner interaction with the applicant. The Examiner - applicant interaction occurs only when a Demand is filed under Chapter II of the PCT. Filing of Demand is completely optional. A Demand is usually filed in response to the written opinion of the ISA (International Search Authority), especially if it is a negative opinion. Thus…

November 13, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 634Views 0Like

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Sex Patents in India (Land of Kamasutra) – Sex Patents III

This is the third post in the series of Sex Patents. Some refer to India as the Land of Kamasutra, the country where the popular treatise of love and love making was written. Not surprisingly, several patents have been filed in India with respect to sex, love making and related aspects. In this post, we have picked a couple of interesting patents on sexual aids, published on the website of Indian Patent Office. Title: ELECTRO-MECHANICAL SEXUAL STIMULATION DEVICE Application Number:…

November 13, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 1217Views 0Like

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Honda takes comfort and ride quality to next level

Suspension systems in bikes are primarily used to provide safety and comfort to rider as well as pillion. Conventional suspension system on motorbike has a pair of fork tubes for the front wheel suspension. In operation, shock waves produced due to the displacement of the front wheel is dampened/cushioned by the spring and damper component of the fork tubes; thereby ensuring comfort and safety of the passengers. Honda has recently filed a patent application (US 2015274249) titled ‘Front suspension structure…

November 12, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 568Views 0Like

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Social Media and Intellectual Property (IP): Part II – Distribution and Dissemination of Content

Every post, comment, or tweet made on Social Media has the opportunity of reaching millions of users. In 2015, Facebook was estimated to have around 1.5 billion users; Twitter, around 316 Million active users; and YouTube, more than one billion users. Theoretically, content on these platforms can reach millions of users. However, only a very small percentage of posts actually go viral on Social Media. One article estimates that rate of virality is 1.92 percent on Facebook. Intellectual Property and…

November 12, 2015 BananaIP Reporter Intellectual Property, Social Media Law 0Comment 799Views 0Like

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Let’s keep that a secret, shall we?

Trade secrets have been in practice since long and are very different from patents. While patents require you to disclose your information in the application process that eventually becomes public, trade secrets allow you to actively keep the information secret. The protection from patents is limited (20 years) and demands a considerable budget to maintain the patent. However, after 20 years the invention is open to public use. Trade secret protection can potentially last longer, as long as you are able…

November 11, 2015 BananaIP Reporter Intellectual Property, Patents, Trade Secrets 0Comment 726Views 0Like

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Design Infringement lawsuits: BlackBerry v. Typo and Apple v. Samsung

BlackBerry Vs Typo Products BlackBerry Ltd. on 3rd January, 2014, filed a case against Typo Products LLC, in the California Northern District Court, for design infringement of their famous QWERTY keyboard. The subject matter of the case alleged by BlackBerry is based on the design of a keyboard that can be snap-fitted on to an iPhone, so as to make it look like the BlackBerry keyboard. The design was claimed to be an infringement of U.S. Design Patent No. D685,775…

November 10, 2015 BananaIP Reporter Intellectual Property 0Comment 5195Views 0Like

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Even death won’t do us apart

There are celebrities, and then there are icons. And one name that probably tops the list of icons is Marilyn Monroe. The blonde actress never ceased to be out of the headlines when she was alive, and even when she is no more, her estate is fighting tooth and nail to keep her memory alive. However, the route taken to do so is not particularly agreeable, to say the least. Monroe’s estate has been fiercely litigious and has gained notoriety…

November 9, 2015 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law, Publicity Rights/ Celebrity Rights 0Comment 908Views 0Like

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DIPP Draft Patent Rules – Salient Features

The DIPP recently issued new draft rules in a notification dated 26th October, 2015. The new draft rules propose several amendments to the ‘The Patents Rule, 2003’. Some of the key changes proposed are summarized herein. Changes related to communication with the Patent office: The Indian Patent Office as of date accepts patent applications filed physically and any communications made to the Patent office through postal or courier services. However, according to the new proposed draft rules the words…

November 6, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 733Views 0Like

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Celebrating 20 Years of IP Excellence

Statutory Licensing for Broadcasting Organisations

Cooking up IP in the Food & Beverage Industry

‘DEMAND’ only if you want to

Sex Patents in India (Land of Kamasutra) – Sex Patents III

Honda takes comfort and ride quality to next level

Let’s keep that a secret, shall we?

Design Infringement lawsuits: BlackBerry v. Typo and Apple v. Samsung

Even death won’t do us apart

DIPP Draft Patent Rules – Salient Features

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