Intellectual Property | Intellepedia

They Are All Honourable Men

The post examines gaps in IP management practices among Indian professionals, noting that most have specialized but fragmented knowledge. It urges a shift towards integrated IP strategies aligned with business goals.

Harmonious Construction Can Ignore the Term Clause

This post discusses a Delhi High Court case on copyright infringement involving film music rights and the principle of harmonious construction in contract law. The Court’s decision highlights the importance of interpreting agreements in their entirety when resolving intellectual property disputes.

Part III: Descriptive Marks

This post discusses the circumstances under which descriptive trademarks can be protected in the EU, focusing on acquired distinctiveness and fair use provisions. It provides an analytical comparison with Indian and EU trademark law and sets the stage for the concluding discussion on Indian law.

Trademarking the Name of God? Huh! – Part 3

This post analyses Indian legal cases on trademarking the name of God, particularly focusing on Attukal Bhagavathy Temple’s trademark registrations. It examines ongoing legal debates about the commercial use of religious symbols and unresolved issues in Indian trademark law.

Invention that Revolutionized the Industrial Revolution!

James Watt’s steam engine invention significantly enhanced efficiency during the Industrial Revolution. By securing a patent and enforcing his rights, Watt contributed both to technological advancement and the evolution of patent law.

Patentability of Higher Life Forms

The Canadian Supreme Court’s decision in the Harvard oncomouse case established that higher life forms are not patentable subject matter under Canadian law. While process claims were accepted, product claims for the transgenic mouse were rejected, setting a key precedent in biotechnology patents.

Broadcasting Licenses under Sec. 31D of Copyright Amendment Act, 2012

Section 31D of the Copyright Amendment Act, 2012, provides statutory licensing for broadcasting published literary and musical works in India. The post clarifies that this provision mainly applies to radio, with limited scope for television broadcasters, and excludes synchronization licenses.

Can there be a Patent for a Method of Patent Trolling?

This post explores whether patent trolling itself can be patented, focusing on a recent USPTO application. It provides a structured legal analysis of the patentability of business methods and the implications for intellectual property law.

Soggy Pizza? Blame it on the Box!

Vinay Mehta’s VENTiT pizza box revolutionises food packaging by addressing the common problem of soggy pizza. Through patented ventilation technology, Mehta’s design ensures crisp delivery and has gained international recognition.

Mind your L’s and M’s: Licensing & Merchandising – Part 1

This article analyses the growth of licensing and merchandising in India, highlighting trends in intellectual property, movie, and celebrity merchandise. It further explores market drivers and outlines the legal risks involved, to be discussed in subsequent posts.