10 December

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Patent Exhaustion in India

First Publication Date: 7th October 2010 A patent grants the Patent holder exclusive rights to prevent others from making, using, selling, offering for sale in the territory of patent grant or importing an invention into the territory of patent grant. Once an unrestricted sale of the patented invention is made, the rights of the patent holder with respect to the product are exhausted and this is called as the Doctrine of Exhaustion or First Sale Doctrine. As per the Doctrine of exhaustion the first unrestricted sale of a patented item exhausts the patentee's control over that particular item. In other words,...

10 December

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If I Could Copyright… My Book: Copyrights and Writers (Part 5)

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

As stated in our earlier posts, copyright registration is not mandatory, as copyright comes into existence the moment a work is expressed in a tangible form. However, writers are generally advised to get copyright registration for the work to make sure that the ownership of the work is duly established and to avoid disputes related to ownership. As copyright registration certificate acts as a proof of ownership right, it is advised that the copyright registration application is filed in the real name of the person/entity having the right in the work. The application process for registering a copyright is simple, and...

10 December

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Weekly Patent News: Indian Patent Statistics, Interesting inventions, Patent grants double in India, Samsung, Tivo, Nokia, Oppo sign patent licensing agreement, Apple and Qualcomm trial date set and more

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“Indian patent statistics, Interesting inventions, Indian patent grants went up by 50% in 2017 - WIPO Report, Himachal based University files 105 patents in 2018, Court sets April 15, 2019 as showdown date between Apple and Qualcomm, Samsung and Tivo renew patent license agreement, Nokia and OPPO ink patent licensing agreement, Uniloc Corporation accuses Netflix of patent infringement, New patent rules will soon be implemented in Canada, Tough punishment for IP infringement in China and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week “Design is...

09 December

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Indian herbal Viagra receives patent grant

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 5th October 2010 Kunnath Pharmaceuticals, Kerala recently received a patent for their product, Musli Power Xtra, an Indian herbal aphrodisiac for men and women. Musli Power Xtra popularly known as the ‘Indian Herbal Viagra’ is reportedly India’s first ayurvedic herbal formulation to receive a patent for the treatment of sexual dysfunction. The herbs and ingredients which form part of the formulation includes the following: Chlorophylum borivillianum (Safed Musli), Mucuna purita, Withania somnifera, Moringa oleifera, Embilica officinalis, Tribulus trerrestris, Hygrophilla auriculata, Myristica fragrans. The patent (patent no. 241602) has been granted for the application titled “Herbal formulation used as a health...

08 December

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Open Source – A business reality

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source

First Publication Date: 5th October 2010 Open source has today become a necessity for most businesses. It is estimated that 99 percent of all companies using software use atleast one open source component. The business value added by open source products makes them inevitable for every company. In addition to software, open source has today expanded its tentacles to many areas from open text books to open drug discovery and is fast spreading to other areas.No business shift happens without legal hurdles and complications. With the rise in application of open source to businesses, the legal battles with respect to such...

07 December

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Financial assistance from Technology Development Board (TDB) for industrial concerns for the development of indigenous technologies

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 4th October 2010 Technology Development Board (TDB) mandates to provide financial assistance to the industrial concerns and other agencies attempting development and commercial application of indigenous technology or adapting imported technology for wider domestic application. TDB was established as per the provisions of Technology Development Board Act, 1995 by Government of India through Department of Science and Technology. The funds collected by the TDB are through industrial concerns under the provisions of the Research and Development Cess Act, 1986, as amended in 1995 and through other donations (as donation made to this fund have full deduction for income tax...

07 December

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Patent: Patentability of scientific principles and natural relationships in the light of Laboratory Corp. v. Metabolite

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 2nd October 2010 Introduction The scope of patentable subject matter in USA can be considered to be the broadest in the world. The US patent system has been responding to new technologies faster than that of any other country. The US was the first to open its gates to patentability in fields such as Biotechnology, Information Technology or Business Methods. The adaptive and flexible nature of the patent regime can be attributed to the open language used under section 101 of Title 35, which relates to patentable subject matter and the lack of exclusions from patentability except for the...

07 December

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Weekly Copyright News: Fan’s Facebook Page is Back, PIL Filed Against Kedarnath, Fox News Wins Copyright Suit, Tatasky New Partner and More

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law

Ilaiyaraja Threatens Legal Action for Non-Payment of Royalties, Fan’s Facebook Account Reactivated After BCCI Copyright Row, Another PIL Filed Against Kedarnath for Hurting ‘Hindu Sentiments’, Qatar Requests WTO Proceedings Against Saudi Arabia’s IP Violations, Gayle Awarded AUD 300,000 In Defamation Claim Against Fairfax Media, Russian IP Courts Set to Use First Intellectual Property Blockchain, Fox News Wins Copyright Suit Against Monitoring Service TVEyes, Clothing Brand Fashion Nova Slapped with Copyright Infringement Suit, Etsy and Seller Sued for Copyright Violation, Netflix Pays Warner USD 100 Million to Keep ‘Friends’, US-based Cinedigm Acquires ComicBlitz, Partners with China International TV Corp, Tata Sky...

06 December

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Should Medical Methods Be Patented?

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing to the economic development and prosperity of mankind. Though the patent system has played a critical role in the progress of science generally, its benefits have not been extended to medical methods. (The term ‘medical methods’ used herein after shall mean surgical, therapeutic and diagnostic methods of treatment except methods of...

06 December

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Complications In Patenting Biotech Inventions: A Peek At US Law

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code. The objective of the US patent law as stated in the constitution is to promote the progress of science and technology. The patent...

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