BananaIP Counsels Logo

Celebrating 20 Years of IP Excellence

The image is from the BBC television show depicting Sherlock Holmes and John Watson. The post is about the expiry of copyright over Sherlock Holmes which is now in Public Domain. Click on the image to read post.

Emancipation of Sherlock Holmes & Dr. Watson

One might ask, how do 127-year-old immortal characters of Sherlock Holmes & Dr. Watson achieve emancipation? The answer is simple: Sherlock’s free for all now, as a direct result of Leslie Klinger v. Conan Doyle Estate Ltd[i]. The 7th Circuit Court of Appeals, US, vide Order dated June 16, 2014, clarified that the characters of the Sherlockean World, creations of Sir Arthur Conan Doyle, are in the public domain now, as their copyright expired as early as 1997. With the…
January 2, 2015 Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law 0Comment 1578Views 0Like
Share

Read more

This image reads Intellectual Property and licensing. THis image is relevant because this post talks about a presentation given by Dr. Kalyan C. Kankanala at IIM Bangalore on the said topic. Click on the image to view full post.

Intellectual Property and Licensing – Presentation by Dr. Kalyan at IIM, Bangalore

This presentation, delivered by Dr. Kalyan Kankanala at IIM, Bangalore, gives an overview of intellectual property and licensing. Starting with an introduction to Intellectual Property and its species, Dr. Kalyan introduces some licensing concepts. Through recent cases and examples, Dr. Kalyan provides a basic understanding of the nature of licensing transactions and types of licenses.Continue Reading Intellectual Property and Licensing – Presentation by Dr. Kalyan at IIM, Bangalore
November 17, 2014 Intellectual Property, IP Commercialization/Licensing 0Comment 530Views 0Like
Share

Read more

This image depicts the Title Intro to patent Law and Patentability Requirement, a PPT Presentation given by Dr. Kalyan Kankanala. Click on the image to view full post

Intro to Patent Law and Patentability Requirements – Presentations by Dr. Kalyan Kankanala at NLSIU

The presentations embedded in this post have been delivered by Dr. Kalyan  Kankanala in his Patent Law course at National Law School of India University, Bangalore. The presentation on Intro to Patent Law gives an overview of patent philosophy. It covers social, economic and utilitarian rationales and gives an introduction to the tragedy of commons dimension. It also covers the patent life cycle, and public interest aspects of patent law. This presentation is an updated version of the 2013 presentation.Continue…
October 26, 2014 Intellectual Property, Patents 0Comment 538Views 0Like
Share

Read more

image for Featherbed Frame: The Frame That is Revolutionizing Motorcycle Construction

Featherbed Frame: The Frame That is Revolutionizing Motorcycle Construction

This post was first published on 16th October, 2014. The chassis or the frame is part of a vehicle that is of paramount importance. It is like a skeleton that defines the shape of the vehicle and holds all the associated components of the vehicle together. There are different types of motorcycle frames such as single cradle, half duplex cradle, full duplex cradle, perimeter, beam, trellis etc., Though single cradle or single down-tube cradle frame is the simple and most commonly…
October 16, 2014 Intellectual Property, Patents 0Comment 1277Views 0Like
Share

Read more

The image reads Trademark. The post is about the Trademark Agent Exam which will be conducted soo. Click on the image to read the full post.

Understanding the Doctrine of Foreign Equivalents – Part 1

This post was first published on 10th October, 2014.   The Doctrine of Foreign Equivalents is a rule used in the Trademark Law which states that a foreign word and its equivalent English translation may be deemed confusingly similar. Under this doctrine, marks consisting of or including foreign words or terms from common, modern languages are translated into English to determine the extent to which it is generic, descriptive, the likelihood of confusion it may cause among other similar issues. The Trademark Manual of…
October 10, 2014 Intellectual Property, Trademarks 0Comment 961Views 1Like
Share

Read more

BIP Counsels - Online Patent filing India

Elucidating the Patent Process – Part 1

This post was first published on 16th July, 2014.   To comprehend the Patent Process in its entirety, it is very essential to understand clearly the different types of patent applications. This post lucidly explains the different types of applications which can be filed before the Indian Patent Office. Provisional Application Non Provisional Application/Complete Application Conventional Application PCT - International Application PCT - National Application Application for Patent of Addition Divisional Application Provisional Application is a…
July 16, 2014 Intellectual Property, Patents 0Comment 1086Views 0Like
Share

Read more

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

Grounds for Refusal of Trademark Registration – Part II

In the previous blog post, we discussed Section 9(1) which laid down a few absolute grounds for refusal of registration of trademarks. Today, we’ll explain in detail, Section 9(2) which states: "A mark shall not be registered as a trademark if: It is of such nature as to deceive the public or cause confusion; It contains or comprises any matter likely to hurt the religious susceptibilities of any class or section of the citizens…
July 4, 2014 Intellectual Property, Trademarks 0Comment 2558Views 1Like
Share

Read more

This image depicts several well known brand logos such as McDonald's and Coca-Cola. This post is about the transborder reputation of well known marks. Click on the image to read the full post.

Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of Public

As discussed in our previous post, for determining the well knownness of a trademark, the claimant of the well knownness is required to prove beyond reasonable doubt that the mark enjoys high reputation among a substantial segment of consumers, with respect to the goods and/or services to which said mark is applied. In order to conceptualize the principle behind the well knownness of a trademark, it is important to understand the legal interpretations of the terms ‘substantial segment of consumers’…
July 2, 2014 Intellectual Property, Trademarks 0Comment 845Views 1Like
Share

Read more

The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999

In continuation to our previous post on Well Known marks, in this post we will be discussing the factors that should be taken into consideration while determining the well knownness of a mark. Section 11(6) and Section 11(7) of the Trade Marks Act, 1999 discusses the factors that the Registrar of Trademarks shall take into account while determining the well knownness of a trademark. Section 11(6) provides specific factors for assessing well knownness of a trademark, and Section 11(7) provides specific…
June 30, 2014 Intellectual Property, Trademarks 0Comment 1816Views 1Like
Share

Read more

The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

Reversion of Assignments & Licenses – Part III: Notes on Copyright Amendment, 2012

The Copyright Amendment brought in a few important changes with respect to mode of assignment of works. Not exercising due care with these provisions might result in reversion of rights. Thankfully, some of these changes were all encompassing and not limited only to authors or owners of works for films. Relevant provisions of Section 19 read as follows: "19. Mode of assignment. ... (4) Where the assignee does not exercise the rights assigned to him under any of the other…
June 26, 2014 Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1316Views 0Like
Share

Read more