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.

Patentability Requirements in India

This post explores the five patentability requirements under Indian law, including subject matter, novelty, inventive step, industrial applicability, and specification. It discusses statutory provisions, key case law, and practical considerations in patent grant and validity assessments.

Patents (Amendment) Rules, 2019 come into effect

The Patents (Amendment) Rules, 2019 expand expedited examination eligibility and remove specific fees for PCT applicants. These changes reflect a structured approach to streamlining patent processes and increasing accessibility for diverse applicant categories.

A Case for Statutory Licensing of Music for Broadcasting

This post evaluates the necessity of statutory licensing of music for broadcasting under Section 31D of the Indian Copyright Act. It argues for a more transparent and accessible licensing model, highlighting the limitations of voluntary licensing and the potential benefits for authors and the public.

It is Fair and Enabling – Data Mining from JNU Depot

The post analyses if data mining from the JNU Depot is covered by fair use or educational exemptions under Indian copyright law. It argues that enabling technologies extracting non-copyrightable facts for research serve the public good and meet fair dealing requirements.

Patent: Stem Cell Patent Debate Never Dies

This post examines the legal and ethical debate over stem cell patents, contrasting recent European developments with the Indian approach. The analysis highlights the lack of statutory restrictions in India and anticipates future judicial scrutiny of embryonic stem cell patents.

Licensing Copyrights in India

This post examines the legal framework governing copyright licensing in India, highlighting the distinctions between assignments and licenses. It outlines key license types issued by the Copyright Board, as provided under the Copyright Act, 1957.

Evidence Required to Determine Well Knownness of a Trademark – Part III

This post discusses the types of evidence required to establish a trademark as well known in India. It analyses the value of registration certificates, sales turnover, invoices, and advertising material, explaining the legal standards for each. The post also highlights best practices for documentary proof in trademark proceedings.

Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?

This post examines compulsory licensing in India, with emphasis on the local working requirement and its interpretation under Indian patent law. It discusses the legal debates surrounding the TRIPS agreement and the impact on pharmaceutical patents. The analysis is grounded in recent case law and policy submissions.

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

This post discusses whether failing to file the statement of working under Indian patent law justifies the grant of a compulsory license. It objectively analyses statutory provisions and their implications for patent holders and innovation.

Making Institutional Research Count

This post explores how Indian research institutions can maximise the value of their intellectual property through commercialisation, especially IP licensing. It offers a structured analysis of the opportunities, challenges, and effective strategies for building a sustainable IP management system.