14 November

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Weekly Trademark News: Mickey Mouse Meets Crocodile, Morgan Stanley Tussle, West Bengal‘s Rosogolla Day and other news

Indian Trademark Statistics for November (Second Week) 2018, Big Win for Nintendo, Shoppers Stop Stops Infringement, West Bengal to Celebrate ‘Rosogolla Day’ and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Every advertisement should be thought of as a contribution to the complex symbol which is the brand image" – David Ogilvy INDIAN TRADEMARK STATISTICS The Indian Trademark Office has been slow in the last week due. The total number of the applications disposed through show cause hearings has decreased by thirty one percent (31%). Similarly, the total number of applications examined by the...

13 November

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Circumventing Around Anti-circumvention Law

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on May 6, 2010. Copyright law protects works of authorship by granting a bundle of rights. The rights of an author with respect to a work extend to the expression of the work in any manner including in digital or electronic form. Though works in digital form provide great advantages to the copyright owner by reducing the cost and effort of reproduction and distribution, safeguarding unauthorized copying and transfer of the work is very challenging. In order to avoid use of works by a third party without permission, most copyright owners use technological measures such as encryption,...

12 November

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Filing Design Applications in India

Posted by BIP Patent Attorneys

in Industrial Designs

The featured image shows a coca cola bottle famous for the design of its bottle.

Design can be broadly described as the outer appearance or the shape of an article visible to the naked eye. In India and in most other parts of the world, a new and distinct design can be conferred Intellectual property protection as an Industrial design, provided it fulfills the parameters that have been laid down by the law for such protection. Industrial Design protection is limited to only the aesthetic appearance of an article and does not extend to its functionality. Design is defined under Section 2(d) of Indian Designs Act, 2000 as "features of shape and configuration, ornamentation, pattern or...

12 November

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Weekly Patent News: Interesting Patents, IIT-M to host Tech summit, Cannabis Patent, Qualcomm forced to license its patents, Canada becomes party to Hague Agreement, USPTO’s new Sponsorship Tool and more

Posted by BananaIP Reporter

in Intellectual Property, Patents

“Indian patent statistics, Interesting inventions, IIT Madras to host Shaastra Summit, Qualcomm forced to license its patents to rivals, USPTO’s new Sponsorship Tool to give other members access to the Patent Electronic System, USPTO grants a patent to a composition containing Cannabis 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 the silent ambassador of your brand.” – Paul Rand, American art director and graphic designer, best known for his corporate logo designs, including the logos for IBM, UPS, Enron, Morningstar, Inc. Indian Patent Statistics A...

11 November

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Rejection of application based on pre-grant representation may be appealed to IPAB

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 10th February 2010 In a decision delivered on February 8th, 2010, the Delhi High Court held that an applicant aggrieved by the rejection of his application by the Controller based on a pre-grant representation may file an appeal to the Intellectual Property Appellate Board (IPAB). The court delivered the decision after consolidating writ petitions filed by UCB FARCHIM, COLORCON, YEDA RESEARCH & DEVELOPMENT and ELI LILLY. As per the Court, a rejection by the Controller based on a pre-grant representation under Section 25(1) would be a decision under Section 15 of the Patents Act and therefore may be...

10 November

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What should I do with my invention before I talk to Venture Capitalists?

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 9th February 2010 Every now and then I come across this question, and most often it’s asked by individual inventors and start-ups. In most cases, when you invent something, the next logical step would be to raise funds and build a business around it. To raise funds you will have to disclose the idea/invention to several VCs, preferable after signing a non disclosure agreement (NDA). A NDA, in brief, is a legal instrument that binds the parties entering into the agreement to maintain confidentiality of the information that is disclosed. However, from what I have heard, making a...

09 November

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Pharmaceutical business strategy – A Brand name perspective.

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 9th February 2010 In furtherance to Vikram’s post on Paragraph IV certification and its exploitation by generic pharmaceutical companies (ANDA applicant) to enter the market sooner, here is an insight on the NDA holders’ attempt to exploit the same. Every ANDA application filed by a generic company has to be in a prescribed format and must contain the prescribed content as per 21CFR sec. 314.94 (Contents and Format of an Abbreviated application). Each of these applications will refer to a Reference listed drug (RLD) and the use of such drug by the company in order to get approval for...

09 November

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Pharmaceutical business strategy – A generics perspective

Posted by BananaIP Reporter

in Intellectual Property, Patents

First Publication Date: 29th January 2010 One of strategies prevalent in the pharmaceutical sector is to invest in research through which new chemical entities and new products can be invented which will help to challenge the existing patents successfully. However, with the amount of money involved in this kind of strategy, a lot of other strategies have emerged by which pharmaceutical companies mainly generics do business, one of which are challenges of patents under Para IV of the Hatch Waxman Act, 1984 (hereinafter referred to as the “Act”). Whenever a new drug is to to be released in the market, the innovator...

09 November

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Weekly Copyright News: Sarkar in Copyright Trouble, ‘Thugs of Hindostan’ Leaked, China Bans Many Karaoke Songs, Harry Potter Themed Event, Google Partners with Sephora and more

Posted by BananaIP Reporter

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

‘Sarkar’ Accused of Copyright Infringement, 'Thugs of Hindostan' Leaked, China Bans More Than 6,000 Karaoke Songs, Rihanna Sends Notice to Trump for Unauthorised Use of Music, Treats for Fans of the Harry Potter Wizarding World, Google Ropes Sephora Into Home Hub Partnership COPYRIGHT QUOTE OF THE WEEK “I believe in copyright, within limited precincts. But I also believe in fair use, public domain, and especially transformation” -David Shields INDIAN COPYRIGHT STATISTICS There is an increase of 35% in the total number of copyright applications filed last week as compared to the previous week. A total of 380 applications were filed for copyright registration during the...

08 November

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A Round table on “Protection of Traditional Knowledge / Traditional Cultural Expression – Evolving a Sui-Generis Model for India

Posted by BananaIP Reporter

in Intellectual Property, Traditional Knowledge

First Publication Date: 27th January 2010 A Round Table conference on Protection of Traditional knowledge was concluded recently (January 25-26, 2010) at National Law School of India University, Bangalore. The two day conference was held for the deliberations on the Sui-Generis Model developed for the Protection of Traditional Knowledge / Traditional Cultural Expression. One of the highlights of the discussion was The Traditional Knowledge (Protection and Regulation to Access) bill 2009 (Hereinafter called as “Bill”) drafted by NLSIU, Bangalore. To leave a comment on the article please click here This Bill is the first ever attempt made in India for a separate and...

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