Intellectual Property | Intellepedia

Public Domain in Copyright Regime: Facilitating Right to Know

This article explores the conflict and reconciliation between copyright protection and the right to know in India. It highlights the importance of fair use, legal exemptions, and judicial perspectives in ensuring access to knowledge while safeguarding creative rights.

Claiming with a Purpose, with the Blessings of the Inventor

The post examines the critical role of purpose-driven patent claims and stresses the need for inventor participation in the patent protection process. Effective collaboration ensures claims are commercially relevant and robust.

Something More About Swiss Type Claims

This post explores the rationale, development and eventual redundancy of Swiss type claims in patent law. It analyses legal changes in Europe and India regarding second medical use, absolute novelty and recent judicial clarifications.

Swiss Claims are History!

The EPO decision G02/08 has made Swiss type claims a thing of the past, favouring purpose-related product claims for subsequent medical indications. This post examines the legal developments and implications under current European patent law.

Words Are All We Have – Copyrights and Writers (Part 1)

The post analyses copyright protection for writers in India, including ownership, registration, and legal rights under Indian law. Key questions around publishing agreements and enforcement are introduced for future discussion.

Using Open Source Software in Business

This post analyses the legal and practical considerations of using open source software in business, covering different license types and compliance obligations. It highlights both the benefits and risks, emphasizing the need for due diligence and adherence to license terms.

Story of an Unchallenged Patent: Certainly Uncertain

This post analyses the uncertainty inherent in interpreting patent claim scope under Indian, US, and European regimes. Despite formal clarity requirements, the true boundaries of protection remain subject to individual interpretation and litigation outcome.

Designing Around Designs

This post objectively examines design infringement in India, outlining exclusive rights of design holders and the substantial similarity test. It also provides practical guidance for designers seeking to avoid infringement by designing around registered designs.

How Can We Encourage Inventors to Invent?

This post discusses the essential incentives that motivate inventors, including recognition, supportive work environments, personnel policies, and financial rewards. It emphasises the importance of a balanced, well-designed mechanism tailored to organisational goals and sector-specific requirements.

Model to Combat Patent Risks in Open Source Software

The defensive patent license model offers a structured approach to reduce patent risks in open source software. While it faces implementation and philosophical challenges, it remains a significant initiative for the open source community seeking to mitigate litigation threats.