Intellectual Property Archives

Patent Claim Drafting – Preamble

This post was first published on July 16, 2014. It would have been very well drummed into a patent professional, Mr. X, who has just started drafting a patent specification that “claims form the heart of a patent application,” or the “name of the game is claim,” and so on. Very few might agree with me if Mr. X has been told to carefully consider the words and/or features and/or the language used in the preamble, as…

August 6, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 2093Views 0Like

ShareFacebook

Court Limits the Scope of ‘Fair Dealing’ under Copyright law

This post was published on November 18, 2011. The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions…

ShareFacebook

Sound Sign Posts – Patents for the Blind 2

This post was published on August 25, 2014. Last week we discussed the talking walking stick innovation. Today, I am here with another patent, brought to my attention by the reliable, Naveen. Banking on certain patents to navigate your way through the world, is not an uncommon feature in knowledge driven industries and I embark on a mission to learn a few tricks. This patent, filed in 2008, by Universidade Do Porto, Portugal, seems to be an outcome of Academic Research. The Guidance, navigation and…

August 5, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 875Views 0Like

ShareFacebook

Salient Features of Patent (Amendment) Rules, 2011

This post was first published on March 15, 2011. The draft Patent (Amendment) Rules, 2011 have been notified for publication in the Gazette of India. Any objections or suggestions may be sent by email to chandni[dot]raina[at]nic[dot]in within 45 days from the date on which the official gazette, containing the notification, is made available to the public. This amendment rules have made it easier for patent applicants and practitioner by providing for online filing of documents. Following are the salient features of the…

August 5, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1651Views 0Like

ShareFacebook

This image depicts the technological advancement that is 'stem cell regeneration'. It depicts the harvesting of stem cells in a perti dish and their development into a human organ. But is this miracle patentable? Click on the image to read the full post.

Patent: Stem Cell Patent Debate Never Dies

This post was published on May 2, 2011. The debate with respect to genetic and stem cell patents is alive with the European Court of Justice's (ECJ) preliminary opinion in March. According to the opinion, embryonic stem cells are not patentable because the use of totipotent stem cells amounts to the use of human embryos for industrial or commercial purposes. Since totipotent stem cells can develop into a human being and are derived from an embryo, they can be considered to…

August 5, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1125Views 0Like

ShareFacebook

The Impact of Parallel Import of Copyright on Publishers in India in Light of Copyright Amendment Bill, 2010

This post was first published on May 27, 2011. Parallel Imports occurs when authentic products are imported cheaply, without the consent of the producer who has a Trade mark, Copyright, Patent or other intellectual property right in these products, with the aim to compete with the producer’s own products, which he himself had originally marketed abroad at a lower price. This amendment aims to foster enhanced competition amongst distributors and thereby enable Indian consumers and students to access a wider range…

August 4, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1760Views 0Like

ShareFacebook

image for RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED

Beer versus Whiskey- Beer Wins 8PM battle

This post was first published on September 24, 2011. RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED , decided on 16th September, 2011 by Delhi High Court Facts:- The plaintiff- Radico Khaitan Ltd. has been continuously and extensively carrying on an established and reputed business in respect of manufacture and sale of alcoholic beverages in India, as well as numerous countries across the world directly by itself and through its affiliates, subsidiaries, licensees, etc. The plaintiff adopted…

August 4, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1635Views 0Like

ShareFacebook

Battle of Instant Photography

This post was published on August 20, 2014. August 19 is celebrated as World Photography Day! Photography, in layman’s language, is an art of producing images using a camera. The history of recording images dates back to the late BC, though this cannot be substantiated. Later, in 1839, Louis Daguerre, a French artist and photographer, introduced Daguerreotype, the first publicly announced photographic process. In 1840, the first American patent (US 1582) was issued in photography to Mr. Alexander Wolcott, for his…

August 3, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 852Views 0Like

ShareFacebook

Court Re-Emphasizes the Exclusion of Generic Terms from Registration

This post was first published on March 30, 2012. Recently Madras High Court has delivered a very interesting judgment on trademark infringement and passing off in the case of Rhizome Distilleries Pvt. Ltd Vs. Union Of India & Others on 16 February, 2012. The suit has been filed by Rhizome Distilleries Pvt. Ltd against four different Respondents. They are- 1. Union of India, 2. Intellectual Property Appellate Board, 3. The Registrar of Trade Marks, 4. Pernod Richard S.A. The petitioner company is a…

August 3, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1048Views 0Like

ShareFacebook

Netflix Finances Mumbai Based Digital Studio, Katy Perry Loses Copyright Battle, ByteDance to Launch its Search Engine in China and more

COPYRIGHT STATISTICS There is a decrease of 1% in the total number of copyright applications filed for the month of July as compared to the month of June. A total of 1893 applications were filed in the month of July, 2019. The majority of applications were filed for literary works and artistic works. Sl. No Type of Work Number of Application Filed in the Month of June 2019 Number of Application Filed in the Month of July 2019 Change Percentage Change 1 Literary/ Dramatic Work 1000 1099 99 Increase of 9% 2 Musical Work 607 0 607 Decrease…