Author: Dr. Kalyan Kankanala

Dr. Kalyan Kankanala is a practicing intellectual property (IP) attorney and author. He is a senior partner at BananaIP Counsels, a well-known IP firm based in Bangalore, India. His writings cover a range of topics relating to IP law, business, and policy, and he has authored several books and articles in the field. He has been contributing to this blog since 2007. The views expressed here are his own and do not represent those of BananaIP Counsels or its members.

Exacting Standards for Pharma Trademarks and their Dominant Parts

The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and established legal principles on the scrutiny of dominant trademark parts in the pharmaceutical sector.

SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5

This post discusses the Delhi High Court’s approach to awarding actual costs in the Ericsson v Lava standard essential patent litigation. It outlines the legal principles applied and analyses the Court’s reasoning, focusing on party conduct and litigation strategy in determining cost awards.

Exploring Patent Hold Up, Royalty Stacking, and Hold Out – Ericsson v. Lava – Part 3

This post discusses patent hold up, royalty stacking, and hold out in the context of the Ericsson v Lava dispute. The analysis highlights the Court’s reliance on evidence while addressing FRAND licensing arguments and SEP enforcement in India.

Court orders Meesho to display Seller Information and comply with Ecommerce Rules

The Delhi High Court has ordered Meesho to display full seller information and comply with ecommerce regulations following a copyright dispute. This decision highlights the responsibility of e-commerce platforms to protect intellectual property and ensure transparency for consumers.

Reversal of unreasoned and invalid Patent refusals based on Section 3(d), Novelty, and Inventive Step

This post reviews three High Court decisions reversing unreasoned patent refusals in India, focusing on Section 3(d), novelty, and inventive step. The courts stressed the need for considering applicant submissions and proper reasoning in refusal orders.

The IP Profession: An Ideal Career Path for Persons with Disabilities in India

The IP profession in India presents a promising and accessible career for persons with disabilities. With inclusive guidelines and flexible work options, individuals from diverse backgrounds can excel in this field.

Madras High Court’s Progressive Stance on Patent Claim Amendments and Other Aspects

The Madras High Court has delivered important rulings on patent claim amendments, exclusions, and rejection protocols under Indian law. These decisions clarify key patentability standards and reinforce the necessity for precise drafting and strategic approach by patent professionals.

Nokia Vs. Oppo: Standard Essential Patents and Deposit during Suit Pendency

The Delhi High Court addressed Nokia’s request for interim royalty deposit from Oppo in a standard essential patents dispute. The judgment clarifies the application of FRAND licensing and the legal standards governing SEP litigation in India.

Patents filed by Young Inventors!

The article examines patents filed by young inventors in India, with detailed examples of child-led innovations and their patent status. It highlights BananaIP’s commitment to supporting young inventors in the patent process, in an objective and structured manner.

Use of Music in Marriage ceremonies – Prof. Arul Scaria’s report to The Delhi High Court

Prof. Arul Scaria’s report to the Delhi High Court analyses the copyright exception for music used in marriage ceremonies under Indian law. The opinion emphasises the legislative intent, social context, and the need for a balanced interpretation of Section 52(1)(za).