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.

Regulating eCommerce Marketplaces: Proposals in the National eCommerce Policy Draft

The National eCommerce Policy Draft sets out key proposals for regulating Indian eCommerce marketplaces. It addresses FDI, data protection, IP enforcement, and consumer protection, aiming to create a fair and growth-oriented digital marketplace.

Kindle eBooks, Amazon and Business of Licensing: Section 33 Non-Compliance?

The post analyses Amazon’s eBook licensing practices in India, arguing that they contravene Section 33 of the Copyright Act by effectively running a licensing business without registration as a copyright society. The discussion highlights the impact on author rights, regulatory oversight, and the broader implications for Indian copyright law.

Audit for IP Systems to Derive Business Value

This post explores how IP audits help Indian companies develop systems that extract maximum business value from intellectual property. It outlines practical steps for policy creation and emphasises aligning IP management with overall business objectives.

What is your IP worth? Improving Revenues and Financial Value of a Company

Intellectual property is a key driver of company value and revenue growth, especially for research-driven organisations. This post discusses the importance of IP audits in India, outlining their objectives and benefits for maximising business and competitive advantage.

Are Rajinikanth’s Methods Patentable?

This post analyses whether Rajinikanth’s unique methods could be patented under Indian law. It discusses process patentability, statutory exclusions, and the mental steps doctrine in an objective, legal-academic manner.

Reasonable Measures for Secrecy

Reasonable measures are crucial for trade secret protection under Indian law. This post objectively analyses legal requirements, including confidentiality agreements, security protocols, and the role of industry norms. Reliance on practices alone is cautioned against.

Intermediaries, Marketplaces and Take Down Actions

This post examines the challenges of intermediary liability and takedown actions in India, focusing on copyright enforcement in online marketplaces. It provides a legal and practical perspective on the effectiveness and pitfalls of the takedown process.

Extracting IP Value

Intellectual property protection alone is no longer sufficient for Indian companies seeking competitive advantage. This analysis explores strategic IP management, including audits and commercialization, to maximize IP value. A comprehensive approach aligning with business goals is recommended.

Salient Features of the Indian Bayh Dole Act

The Indian Bayh Dole Act proposes a comprehensive framework for managing public funded intellectual property in research institutions. It aims to incentivise innovation, clarify IP ownership, and establish robust compliance mechanisms for government-funded research.

Patent Risks in Open Source – Lesson’s from Google’s Story

The Bedrock Technologies case against Google demonstrates the tangible patent risks present in open source software usage. This decision underscores the necessity for companies to conduct thorough patent due diligence and adopt risk mitigation strategies.