Intellectual Property | Intellepedia

Post-dating Patent Applications: Frisk it Before You Risk it!

This article explores the risks and legal considerations of post-dating patent applications, with a focus on the impact on priority dates in India and internationally. Applicants are advised to closely monitor statutory deadlines, as post-dating can significantly affect patent rights and enforcement.

eCommerce Guidelines for Consumer Protection, 2019 – Draft for Comments

The draft eCommerce Guidelines for Consumer Protection, 2019, seek to strengthen regulations for online businesses in India. Addressing fraud, privacy, and consumer rights, the guidelines cover both inventory and marketplace models and invite stakeholder feedback.

Patent Claim Drafting – Preamble

This post explores how the wording of the preamble in patent claims can affect the scope and enforceability of an invention. Drawing from US and Indian case law, it provides practical drafting guidance for patent professionals.

Court Limits the Scope of ‘Fair Dealing’ under Copyright law

The Delhi High Court has clarified that the fair dealing exception does not cover unauthorised use of copyrighted works in entertainment television programmes. This judgment emphasises the limits of fair use in Indian copyright law.

Sound Sign Posts – Patents for the Blind 2

This post discusses a patented system that uses acoustic signals and mobile devices to help blind or visually impaired individuals navigate public and private spaces. The author examines its feasibility in India and invites readers to share information on real-world availability or installation of such technology.

Salient Features of Patent (Amendment) Rules, 2011

The Patent (Amendment) Rules, 2011, simplify patent filing in India by enabling electronic submissions and online authentication. The amendments also address procedures for amending specifications, condonation of delay, and sequence listing requirements, enhancing efficiency for applicants and practitioners.

AI named as inventor in patent, AI to be inducted in Patent Office’s operations, 3M versus Saint-Gobain and more

The bulletin examines Indian patent data, the induction of AI in patent processes, and global legal updates including AI as an inventor. It includes notable cases and legislative changes, providing a structured legal overview. Insights are curated by the patent team at BananaIP Counsels.

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.

Part II: Descriptive Marks – Can They be Protected?

This post analyses how US trademark law treats descriptive marks, addressing their registration requirements and the concept of secondary meaning. It also covers the significance of the Principal and Supplemental Registers for such marks.

The Impact of Parallel Import of Copyright on Publishers in India in Light of Copyright Amendment Bill, 2010

This post evaluates the legal and practical impact of parallel import of copyright in India, focusing on the proposed changes under the Copyright Amendment Bill 2010. It critically assesses the interests of publishers, authors, and consumers within the Indian legal framework.