This post was first published on 14th October, 2014.
As discussed in our earlier post, the Doctrine of Foreign Equivalents under the Trademarks Law requires the Trademark Office to translate foreign words to English in order to determine whether certain marks qualify for trademark registration or not. In this post, we are looking into whether the Indian Courts consider this doctrine an acceptable principle of the Trademark Law.
Indian Courts have not faced the question of applicability of this doctrine in many…
This post was first published on 6th December, 2014.
TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked:
Is the prior art quoted instrumental in teaching the reader the method of producing the invention?
Does the prior art or any of its contents suggest any method of producing the invention in question?
Does the…
This post was first published on 19th August, 2014.
Every blind person aspires to live a life of independence, a life of freedom and free will, a life free from intrusion, physical and psychological. Some patented inventions have attempted to enhance this very independence, and I will, in my upcoming posts, endeavor to take an unbiased look at some of them.
In 1991, Hsieh Chi-Sheng filed a patent for an electronic talking stick for the blind. Before we get into details, one must understand…
This post was first published on 2nd September, 2014.
What is the Central Board of Film Certification (CBFC)?
The Central Board of Film Certification (CBFC) is a statutory body under the Ministry of Information and Broadcasting, regulating public exhibition of films under the provisions of the Cinematograph Act, 1952. Films can be publicly exhibited in India only after they have been certified by the CBFC.
What is its constitution?
The Board consists of non-official members and a Chairman (all of whom…
This post was first published on 15th September, 2014.
In my earlier posts (Post1, Post2, Post3, Post4), we discussed the mobility of a visually disabled person that is directly proportional to his awareness of the environment. The more he knows about his surroundings, the easier it gets for him to move around. An issue in achieving this, is the extent of the person's sensory involvement. Most blind people use auditory signals to understand the state of the environment and a navigation device is…
This post was first published on 15th September, 2011.
The patent reform bill is now awaiting approval from the President to become the law of the land. The bill proposes many changes to the existing US Patent Act. Below listed are few important provisions included in the bill:
First-Inventor-To-File: US patent system will now operate on first-inventor-to-file instead of its earlier operation system which was first-to-invent. The first-inventor-to file system provides certainty with respect to the invention date thereby…
This post was first published on 25th August, 2014.
Owing to the ever increasing gas prices, fuel efficiency offered by vehicles has become a strong deciding factor among buyers. Diesel bikes are a great benefit for people obsessed with fuel efficiency but unfortunately diesel bikes are currently not offered by any OEMs for the masses. Royal Enfield’s Taurus was the only diesel motorcycle that was in mass production until some time ago. The vibration produced by diesel engines in a motorcycle, jolts the…
This post was first published on 1st September, 2014.
In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws.
Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled…
This post was first published on 17th January 2011.
Open Source Software adoption has taken a large stride in 2010. and so did enforcement of OSS licenses. Software Freedom Law Center has been taking the lead by filing suits against GPL violations. Despite the increasing number of OSS suits, none has till date gone the full distance. The cases are generally settled through compliance, withdrawal and/or payment of compensation.The recent withdrawal of an Open Source Software after alleged violation of GNU…
This post was first published on 11th August, 2014.
Last week, we discussed the Urmi Juvekar Chiang case. Today we will look at the case of (1) Mr. Anil Gupta and (2) Another. vs. (1) Mr. Kunal Dasgupta and (2) Others - A landmark case, indeed, in the area of protecting ideas and concepts. This case elucidates the dos and don'ts of Idea Protection and Breach of Confidence in the Entertainment Industry.
Plaintiff No. 1 - a Media Consultant
Defendant No. 2 - a…