Intellepedia | Page 158 of 308

Flavour Marks – Can They Become a Reality?

This post analyses whether flavour marks can be registered as trademarks under Indian and international law. It objectively examines legal hurdles and recent case law, providing a structured, analytical perspective on the subject.

Section 3(ka): A Decision on a Patent Application Related to Mathematical Methods

The IPAB upheld the rejection of a patent application involving mathematical methods under section 3(ka) of the Indian Patents Act. This decision clarifies the exclusion of mathematical methods from patentable subject matter in India, aligning with recent draft guidelines.

Personality Rights in India – Part II

This post examines personality rights in India, particularly the protection of publicity rights and relevant legal provisions. It highlights key judicial decisions and discusses the exceptions for legitimate public interest and freedom of expression.

Inventive Step of an Invention Analysed

This post examines the Green Cross Holdings case, where the Indian IPAB upheld the rejection of a patent application for lacking inventive step. The analysis highlights legal standards of obviousness and inventive step under Indian patent law, emphasizing the importance of prior art disclosure.

Domain Names, Email or Private Communication as Proof of Trademark Use

This post discusses whether domain names, emails, or private communication can constitute valid proof of trademark use. It reviews relevant legal guidelines and highlights exceptions where such evidence might be accepted.

“Digital Infringers, Beware of the Goonda Act!”

Karnataka’s amended Goonda Act now covers digital offenders, allowing preventive detention for IT and copyright-related activities. The legal community has expressed concern over the law’s scope and the severity of its detention provisions.

Intellectual Property Protection for Computer Programs – Part IV

This post explores software patent protection in India, comparing it to copyright law and analysing the legal complexities involved. It provides an objective assessment of the scope, benefits, and limitations of patent law in safeguarding computer programs.

Fair Use vs. Copyright Infringement

This post analyses key legal cases that shaped the debate on fair use versus copyright infringement, focusing on transformative use in art. It highlights how courts have interpreted these defences within the framework of copyright law.

Patentability of Laws of Nature

This post analyses the Mayo v Prometheus case and its impact on the patentability of laws of nature in the US. It explains the judicial reasoning that established the requirement of an innovative step beyond the mere application of natural laws for patent eligibility.

Father of the Electronic Idiot Box

This post examines Philo Farnsworth’s foundational contributions to electronic television, exploring his patent achievements and the resulting legal battles. It analyses the significance of his work in shaping contemporary television technology.