Intellectual Property Archives

Patently Asia – A Drug War!

This post was first published on 25th November, 2014. Japanese Patent about a pain-killing drug extracted from 'Kratom' (Mitragyna Speciosa), a well-known Southeast Asian medicinal plant, is creating contradictions. Patent documents and other publications reviewed, are silent on the origin of Kratom utilized by Chiba and Josai. Patents have been issued in Japan and the US, and patent applications may be pending elsewhere. How the Plant became a Painkiller drug? In the early 2000s, Japanese researchers began analyzing compounds extracted from Kratom as part of a program to assess medicinal…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 857Views 0Like

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Wacky Patents 2 – Ouija Board

This post was first published on 14th November, 2014. Next up in the series of Wacky Patents is a board game which has spooked people for ages! This humble board game has been a source of spook for many. Ouija (pronounced wee-jee) is derived from compounded French word, ‘Oui’ and German word, ‘Ja’, both meaning “Yes”. It was originally a trademark owned by Kennedy Novelty Co. which later became generic when people started to use the word for any talking board. What…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1284Views 0Like

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Statement of Working to Compulsory Licensing – Are We Missing Something?

This post was first published on 8th April, 2011. As pointed out by Supriya in her post, a compulsory license may be granted if a patent is not worked in India and reasonable efforts are made to acquire a license. Does the working of a patent in India mean that the patented invention must be manufactured in India? Reading of sections 83 and 84 of the Patents Act take us to that logical conclusion. The sections clearly point out that working…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 659Views 0Like

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Patents and Olympics

This post was first published on 25th July, 2012 The 2012 Summer Olympic Games is scheduled to take place in London, United Kingdom, from 27 July. Since the Olympics is around the corner, we would like to share some interesting patents issued pertinent to athlete performance. The patent (US6013007) discusses about a Global Positioning System (GPS) based personal athletic performance monitor for providing an athlete with real-time athletic performance feedback data. A feedback device, worn by the athlete is configured…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 986Views 0Like

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Non-Obviousness and the Trilogy

This post was first published on 5th December, 2014. The Supreme Court's non-obviousness precedent commenced with Graham v. John Deere Co., and its companion cases, Calmar v. Cook Chemical and United States v. Adams, collectively referred to in patent circles as the Trilogy. This trilogy represents the Supreme Court’s first interpretation of the statutory non-obvious requirement. The principal issue in the trilogy was establishing the level of ingenuity necessary to satisfy the Section 103 non-obvious requirement that had been added to the Patent Act in 1952.…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1652Views 0Like

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India, Start Ups, Funding and Intellectual Property

This post was first published on 9th December, 2014. Funding activities during the last quarter, especially when it comes to start ups, was great! Apart from the US$ 1 Billion Fundraising by FlipKart, India saw several start ups being funded at various levels. A Report indicates 93 deals and a total funding of INR 97,738 Million. With the FlipKart deal, e-commerce businesses lead the pack in percentage of start ups funded based on sector. With respect to start up activities in the…

July 25, 2019 BananaIP Reporter Intellectual Property, IP for Start Ups 0Comment 694Views 0Like

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The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

An In-Depth look at the Trademark Registration Process- Part 1

This post was first published on 2nd July, 2014. A trademark is a sign that is used to identify goods and services as those produced or provided by a specific person or enterprise. It helps in distinguishing those goods and services from similar ones provided by another. For example, ‘Apple’ is the trademark that identifies goods and services manufactured and distributed by Apple Inc. The object of trademark law is to deal with the precise nature of rights, which a person…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1164Views 0Like

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Inventive Step – Technical Advance

This post was published on 18th September, 2013. In a recent case decided by the IPAB at a circuit sitting bench in Delhi on 5th July 2013, the Appellant (Electronic Navigation Research Institute, Tokyo) claimed that it had invented “A Chaos Theoretical Exponent Value Calculation system” and applied for patent under 3624/DELNP/2005. The Deputy Controller held that the functions of the this system was based on mathematical method for solving mathematical equations, and declined to accept the technical effect theory followed…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1071Views 0Like

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Conceptualizing Copyright Assignments & Licenses Part – I

This post was first published on 25th June, 2014. This blog series is intended to conceptualize the principles behind copyright assignments and licenses. Copyrights, like any other Intellectual Property Rights are considered a part of Property Rights and hence can be transferred just as corporeal properties. This transfer of ownership under Copyright Law happens in three different ways; first, by executing an Assignment deed; Second, by executing a License Agreement; and third, by transmission of rights by way of operation of law. In…

July 25, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1177Views 0Like

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Making Institutional Research Count

This post was first published on 25th July, 2013. Public Funded Research Institutions and educational institutions in India have begun to realise the importance of commercialising their Intellectual Property, a phenomenon that was long overdue. While a large number of these institutions are yet to be woken up to the trend, those that have tasted success are willing to explore further in order to push their returns northwards. Commercialising intellectual properties of research institutions has obvious benefits: when returns…