18 September

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Morality and Patentability of Sexual Inventions

The featured image shows a woman whose image is split in two halves. One part is red and shows the devil on her shoulder while the other is blue and shows an Angel on the shoulder. The picture is also captioned "Morality by its own standards is the most immoral thing to exist, because it can justify the most horrible atrocities in the name of so-called greater good". To read more click here.

Morality is regularly cited as a ground of objection by the Indian Patent Office (IPO) while examining applications involving sexual inventions relating to aids, devices and stimulants. To understand if any of the patent applications managed to overcome the said objections and proceed to grant, we reviewed patent applications in class A61 relating to sexual aids, stimulants, toys and methods. Details of the patent documents reviewed have been provided in another part of this post. Out of seventeen (17) sexual inventions we identified, morality objection has been raised in all seven (7) patent applications for which examination reports were issued. Three...

17 September

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Weekly Patent News: Patent Prosecution strategy, Interesting Designs, Patent Agent Examination 2018, GNLU patent course, Amazon’s cage patent and more

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“Patent Prosecution strategy, Interesting Designs, Patent Agent Examination – 2018 Registration extension, Certificate Course on “Patent Law Practices in the United States, India and China” by GNLU, Ericsson demands arbitration in HTC dispute, Amazon’s ‘cage for workers’ patent faces severe criticism, ARIPO to launch Free Regional Intellectual Property Database and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Patent Quote of the Week “Patent prosecution is a lot like a game of chess. It requires skill, strategy and sacrifice.” – Gaurav Mishra, BananaIP Counsels. Indian Patent Statistics A total of 634 patent applications have...

15 September

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The Art of Body Work: Intellectual Property and Yoga Massage

Posted by BIP Patent Attorneys

in Intellectual Property, Traditional Knowledge

"Working with the body is an art more than a skill," Mr. Raghavendra tells his students of 'Yoga Massage' in his very first class. It is in fact fascinating to watch him express, original body work with elements of creativity that surpass intellectual property standards and take a substantial lead. While many body work sequences are based on traditional practices, several practitioners and therapists have over the years developed novel and creative sequences for various reasons ranging from recipient requirement to purely artistic expression. It might not be an exaggeration to state that every practitioner creates and performs original postures, sequences,...

10 September

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Weekly Patent News: Interesting inventions, Low IP awareness in India says study, Facebook v. Blackberry, Blackberry’s patents invalidated and more.

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

“Interesting inventions of the week, Telepresence robot with full body control and handwriting transmission, Head Gesture Controlled Wheelchair, System for a moving puzzle theater, Study shows low IP awareness in India, Facebook alleges Blackberry of patent infringement, Blackberry patents invalidated, US ITC agrees to review Motorola – Hytera case, and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Patent Quote of the Week “When we began Qualcomm, it had become quite clear that it was very important to patent new ideas.” - Irwin M. Jacobs, Co-founder and former chairman of Qualcomm Indian Patent...

08 September

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THE CONSENSUAL IS NO LONGER CRIMINAL

Posted by BananaIP Reporter

in General, Intellectual Property, Privacy / Data Protection

Image contains a rainbow flag. click here to read more

We’re fundamentally an Intellectual Property resource. However, we believe the verdict in question here, striking down Section 377, is a historic moment in our vast legal landscape, and thus worthy of mention. Further, this verdict has implications on privacy laws, and hopefully on a societal outlook that will spur changes in a multitude of other areas of law, many of which are yet to be analyzed in this specific respect. On September 6th, 2018, the Supreme Court of India struck down parts of Section 377 of the Indian Penal Code, largely on the basis of the 2017 Supreme Court decision in...

07 September

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WEEKLY COPYRIGHT NEWS: VOLUNTARY CENSORSHIP BY NETFLIX, PETITION AGAINST NON-VOLUNTARY LICENSES PROVISIONS OF COPYRIGHT LAW, IP ADDRESS INSUFFICIENT FOR COPYRIGHT INFRINGEMENT, HARRY POTTER HOME FURNISHING AND MORE

Posted by BananaIP Reporter

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

Netflix, Amazon Explore Voluntary Censorship, Petition Filed Challenging the Non-Voluntary Licenses Provisions of Copyright Law, Mahesh Bhatt's Jalebi Poster Inspired by 1950 Korean War Goodbye Kiss, Prince's Claims Infringement Against Piracy Network, Rod Stewart Sued for Mis-use of Image, Ownership of IP Address Insufficient for Infringement: US Court, Pottery Barn Debuts ‘Harry Potter’ Inspired Consumer Products, The Lord of the Rings free-to-play online game from Athlon Games, Huawei Optimizes More than Sponsorship of the Toronto Film Festival, Mattel Partners with the United Nations to bring Thomas into the 21st Century. COPYRIGHT QUOTE OF THE WEEK “There is no sense in owning the...

07 September

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Weekly Trademark News: Design as a Trademark?, Bumblebee Dispute Settled, Kodaikanal Hill Garlic GI and other news

Posted by BananaIP Trademark Attorneys

in Intellectual Property, Trademarks

Indian Trademark Statistics for September (First Week) 2018, Trademark Monopoly Can be Over a Class? Smiley Toys to be Launched in India, Monster Energy Loses Opposition Battle, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “The ideal trademark is one that is pushed to its utmost limits in terms of abstraction and ambiguity, yet is still readable. Trademarks are usually metaphors of one kind or another. And are, in a certain sense, thinking made visible” –Saul Bass INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office have had a mixed week....

06 September

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Searching for Patents on Indian Patent Database (InPASS)

Posted by BIP Patent Attorneys

in Intellectual Property, Patents

The featured image is a screenshot of the Indian patent search database InPASS. To read more about this click here.

I recall a time when searching for Indian patents and applications online was almost impossible. Performing a search to identify relevant prior art would mean perusal of each and every weekly gazette published by the Indian patent office. These gazettes, being poorly scanned copies of the bibliographic data, would make patent searching a task in itself and let us not even begin to discuss the patience that was tested. It was a time when even the popular paid databases failed to provide comprehensive data on Indian patents. Today, however, performing a patent search for Indian patents has become fairly easier thanks...

04 September

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 5

Posted by BananaIP Reporter

in Intellectual Property, Privacy / Data Protection

The image features the word Private. Click here to read more

Full text of the proposed bill can be accessed here. Penalties and Compensation A data principal who has suffered harm due to any violation of this Bill (or its rules and regulations), by a data fiduciary or a data processor, has the right to seek compensation from the party at fault. The data processor is only liable where it has acted negligently, acted outside or contrary to the instructions of the data fiduciary, not incorporated adequate security safeguards, or violated specifically applicable provisions of the Bill. In case of breach of the following obligations, the data fiduciary may be liable for penalty up...

03 September

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 4

Posted by BananaIP Reporter

in Intellectual Property, Privacy / Data Protection

Full text of the proposed bill can be accessed here. Data Localization This is one of the more stringent requirements of the Bill, and distinguishes it from data protection laws in other jurisdictions. The Bill requires certain categories of personal data, which the central government may notify as critical personal data, to be processed only through servers or data centers located within India (See Section 40). However, this obligation is not absolute, and allows for transfer of certain personal data under limited circumstances, as discussed below. Personal data, except sensitive personal data, may be transferred outside India under the following conditions: the transfer is made...

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