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Inventive Step of an Invention Analysed

Author: Intellepedia
July 26, 2019
Intellectual Property, Patents

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.

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

Author: Intellepedia
July 25, 2019
Intellectual Property, Trademarks

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.

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“Digital Infringers, Beware of the Goonda Act!”

Author: Intellepedia
July 25, 2019
Copyrights, Intellectual Property

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.

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Intellectual Property Protection for Computer Programs – Part IV

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

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.

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Fair Use vs. Copyright Infringement

Author: Intellepedia
July 25, 2019
Copyrights, Intellectual Property, Media and Entertainment Law

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.

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Patentability of Laws of Nature

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

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.

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Father of the Electronic Idiot Box

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

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.

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Post-dating Patent Applications

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

This post addresses the process and legal implications of post-dating patent applications in India. It highlights statutory provisions, judicial interpretation, and practical risks associated with shifting the priority date.

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Alice vs. CLS saga

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

The Alice vs. CLS case significantly influenced the landscape of software patent protection in the US, particularly for financial technologies. It raised critical questions about the patentability of abstract ideas and has shifted industry standards and legal strategies.

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Prosecution History E’stop’pel!

Author: Intellepedia
July 25, 2019
Intellectual Property, Patents

This post discusses prosecution history estoppel and its influence on the doctrine of equivalents, using the Felix v. Honda case to highlight key legal implications. It underscores the necessity for precise claim amendments during patent prosecution to avoid unintended limitations on enforcement rights.

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