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BANANAIP’S COMMENTS ON THE DRAFT INTERMEDIARY RULES, 2018

BananaIP’s Comments on the Draft Intermediary Rules, 2018

The Ministry of Electronics and Information Technology (MEITy) issued a notification on 24th December 2018 publishing the draft Information Technology (Intermediary Guidelines) Rules 2018 to replace the rules notified in 2011. The notification, published on the MEITy website, invited comments and suggestions on the draft rules. BananaIP has submitted its recommendations and suggestions to the Ministry, and awaits positive changes in the proposed rules. We appreciate the Ministry’s recognition of the widespread misuse of social media platform to spread fake news,…
February 26, 2019 Intellectual Property, Privacy / Data Protection, Social Media Law 0Comment 690Views 0Like
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The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Patent statistics, Micro Spy Robots, Conference on IPR for Global Business, EPO discusses plant patentability, Webinar on Technology Transfer by EPO and other Weekly Patent News updates

“Patent Statistics, Interesting Inventions, Micro Spy Robots, National Conference on “IPR for Global Business: Forward Looking Agenda for India”, held in Bangalore; Jharkhand Council on Science gives thumps up for the establishment of a Patent Facilitation Centre in Ranchi; Kibow Biotech Inc. wins patent suit in India, EPO and others hold discussion over patentability of plants; Webinar on Technology Transfer to be held by EPO” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote…
February 25, 2019 Intellectual Property, Patents 0Comment 592Views 0Like
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Kindle eBooks, Amazon and Business of Licensing: Section 33 Non-Compliance?

Over the years, the copyright law was amended several times to achieve different objectives ranging from inclusion of new works and rights to protecting interests of authors. One of the amendments to Indian copyright law in 1994 related to creating an exclusive business zone for copyright societies, whose objective is to manage works of authors, publishers and owners and facilitate ease of licensing and royalty sharing. The amendment provided in Section 33 of the Copyright Act that only copyright societies…
February 25, 2019 Copyrights, General, Intellectual Property, Trademarks 0Comment 1778Views 0Like
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Overlapping IP Protection: Call for Caution

This post was first published on September 11th, 2012. Rights and protection are both victim and villain in overlapping. Overlapping and provision of simultaneous or sequential protection for some inventive and creative works have become a part of the expansive Intellectual property law regime. For example, both copyright law and trademark law now protect ‘Angry Birds’ and ‘Miley Cyrus’. Overlapping copyright and trademark protection for these two characters not only means that their creators receive all the benefits flowing from both the…
February 24, 2019 Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1564Views 0Like
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This image depicts two thinking minds. This image is relevant because the post talks about why Indian companies acquire patents. Click on the image to view full post.

Why Do Indian Companies Acquire Patents?

This post was last published on May 31st, 2012. Most people would assume that the answer to the question is obvious. But it is not. Ideally, patents are acquired to gain competitive advantage and through it, business value. In our quest to learn the answer, we have by virtue of studying about a hundred companies of varied sizes, realized that only twenty percent of them actually acquire patents to gain a business advantage. Why then do others invest in…
February 24, 2019 Intellectual Property, Patents 0Comment 590Views 0Like
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Intellepedia - IP News Updates

Would Licensing a Sound Recording Call For Separate License From the Lyricist and Composer?

This post was last published on May 15th, 2012.   The case ruling in IPRS v. Aditya Pandey came as a huge loss to the music composers and lyricists of the industry. It was held that no separate license was required from the copyright owner of literary and musical work (lyricist and composer) that embody a sound recording. A brief overview of the facts are as follows-  The appellant, Indian Performing Right Society Ltd. (IPRS - for short) is a Copyright…
February 24, 2019 Copyrights, Intellectual Property 0Comment 647Views 0Like
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This image depicts a Monkey standing with a stick and trying to describe what Patent Troll is with the basic definitions written in the Background. This image is relevant as USPTO has granted a Patent for a method of Patent Trolling. Click on the image for more information

Patent Trolling : Can’t Live With, Can’t Live Without!

This post was first published on March 9th, 2012. Patent Trolling is indeed a remunerative fad apart from being a 'rage'. It’s also turning out to be the easiest way to make quick bucks, many of those quick bucks rather. For once, it should probably be lauded for they have highlighted the largest of loopholes that companies seem to have over-looked on their march to success. However, what should also be observed in the midst of all of this is that…
February 23, 2019 Intellectual Property, Patents 0Comment 610Views 0Like
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Publicity Rights in India (Part II)

This post was first published on March 1st, 2012. Some Indian Courts, such as Delhi High Court, have of late been very aggressive in enforcing various IP rights online and in digital media. However, considering the recent development of publicity rights law in India, there has not been an instance of its enforcement online or in computer games. We will, therefore, take a computer game hypothetical to review the applicability of publicity right law. Let us assume that an…
February 23, 2019 Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights 0Comment 697Views 0Like
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Publicity Rights in India (Part I)

This post was first published on February 28th, 2012. The right of publicity refers to the right to prevent unauthorized commercial use of a person's persona. A person's persona includes his name, photograph, signature, voice or any other identity.   Publicity rights vest only in a celebrity or public figure. In other words, a person must be recognized by the public in order to possess the right of publicity.  The public must identify or associate an identity to a person.…
February 23, 2019 Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights 0Comment 1042Views 0Like
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Gully Boy Leaked, FFI Wants Piracy Court, Kanye West Sued, REM Gets Trump Tweet Removed, and more

AICWA Bans Pakistani Actors and Artists, Gully Boy Leaked Online Soon After Release, Film Federation Demands Special Court to Control Piracy, Family Sues Kanye West for Copyright Infringement, Twitter Removes Trump Tweet After Copyright Complaint from R.E.M., SCOTUS Declines to Hear ‘Empire’ Lawsuit, YouTube Changes Three-Strike Policy to Tackle Frivolous Claims, British Columbia Man Claims Ownership over People’s Party of Canada Name, McCafé to Sponsor Two SAFTA Categories, Songtradr Acquires Big Sync Music, Mattel Secures Three-Year Licensing Deal for Despicable Me, and more. Copyright Quote “Of all the creative work produced…
February 22, 2019 Copyrights, Intellectual Property, Media and Entertainment Law, Publicity Rights/ Celebrity Rights, Social Media Law 0Comment 652Views 0Like
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