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Copyright x

Technological Protection Measures

  The Copyright Act, 1957 went through a major change in 2012. The amendment harmonised the copyright law with the “Internet Treaties”- the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), making it capable of facing challenges posed by digital technologies. The Copyright Act, 2012 (hereinafter referred to as the ‘Act’) added new Sections, 65A and 65B, for protection against dodging of technological measures and protection of rights management information respectively. The provision under Section 65A sets out…

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royal enfield

Trademark Infringement on Ecommerce Platforms- Royal Enfield v. ebay.in

This post will discuss another trademark infringement case in the ecommerce market in India. Recently, in October this year, Eicher Motors Ltd, which manufactures and sells the Royal Enfield bike, filed an infringement suit against Saurabh Katar and Kuldeep Singh, for infringing their trademark ENFIELD, ROYAL ENFIELD and BULLET. The suit filed before the Delhi High Court, also claimed infringement of copyright of the logos and the website of Eicher Motors Ltd. Eicher alleged that Saurabh Katar and Kuldeep Singh were…

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Copyright x

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…

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food

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…

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Patent Claims x

‘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…

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Intellepedia - IP News Updates

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:…

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motorcycle

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…

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Intellepedia - IP News Updates

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…

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Intellepedia - IP News Updates

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…

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Intellepedia - IP News Updates

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…

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