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Author: BananaIP Reporter

BananaIP Counsels > Articles posted by BananaIP Reporter

BananaIP’s corporate training for Inventors and R&D personnel

Intellectual Property Training for Organizations

BananaIP conducted a customized corporate IP training program for inventors on 23rd August . The schedule of the training program was as follows. S.No Topic Particulars 1. Inventing and IP Protection - how does the game work? Providing inventors an understanding of the interface between the inventing and IP/ Patent process and related outcomes. 2. The role of the inventor in the patent system. Role played by an inventor in a company in the context of the patent system. 3. Thinking about patentable inventions. Providing inventors with the tools required to come up with inventions that are patentable and beneficial. The session will focus on patentability requirements and analysis of inventions for...

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Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

The Government of India has recently unveiled the draft of the E-Commerce Guidelines for Consumer Protection, 2019, seeking inputs from stakeholders. The Ministry has given time until September 16, 2019 for the stakeholders to provide their suggestions, and to understand the applicability of the Guidelines in general. The two-fold objective of the Guidelines is: to ensure maximum consumer protection by checking fraud and unfair trade practices; and to protect the legitimate rights and interests of the consumers. The prime highlight of the Guidelines is the priority given to the interests of the customers transacting online. The guidelines consist of six sections in all,...

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eCommerce Guidelines for Consumer Protection, 2019 – Draft for Comments

Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

Government of India has recently published the eCommerce Guidelines for Consumer Protection, 2019, for comments of stakeholders. The guidelines follow the draft FDI policy for eCommerce entities and seek to protect consumer interests. They primarily focus on fraud, unfair trade practices, privacy protection, and transactional controls. They apply to eCommerce entities following the inventory model as well as marketplace model including intermediaries. Both products and services made available through eCommerce platforms are covered. The eCommerce guidelines seek to further tighten the regulatory framework governing eCommerce companies in India, which have been having a free reign for a while now. The present...

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Kylie Jenner File Trademark for Nail Products, Yoohoo Animated Series in Russia, Marayur Jaggery Receives GI Tag and Other News

Weekly Trademark News

Indian Trademark Statistics for July (Forth Week), Prasar Bharti stopped from Using “Dish” for its DTH Services, Financial Advisor Enforces Rights to “Financial Quarterback” Mark, McDonald’s Outlets Reopened in Kolkata by McDonald’s, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels   TRADEMARK QUOTE OF THE WEEK A product can be quickly outdated, but a successful brand is timeless- Stephen King   INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had an increase in its work pace. The total number of applications disposed through show cause hearings has increased by thirty five percent (35%). Similarly, the total applications published in...

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Job Opening: Intellectual Property (IP) Associate – Bangalore

Job Opening - Intellectual Property (IP) Associate

BananaIP Counsels, India's Leading Intellectual Property law firm is looking to immediately hire lawyers for the position of IP Associate in its IP Strategy and Legal Advisory team. For further details, please see the job description below: Job Title: Intellectual Property (IP) Associate Department: IP Strategy and Legal Advisory Job description: Contract drafting and review Trademark Oppositions Litigation Management Drafting of Legal notices and responses Research and drafting of legal opinions Joining Date: As soon as possible Probation Period: 6 months from the date of joining Location: Kanakapura Road, Bangalore Education: LLM in IP Experience: 0 – 3 Years Skills: Excellent oral and written communication skills Well-versed with Intellectual...

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Responding to Public Performance and Ground Licensing Notices

Responding to Public Performance and Ground Licensing Notices

Today, most discussions around modern entertainment licensing revolve around digital licensing, brand extension, merchandizing and community licensing. But, not much has been discussed by scholars about the emergence and the growth of ground licensing of public performance rights. For a long time, enforcement of public performance rights on the ground was limited to popular events, and record labels turned a blind eye to other use of sound recordings, lyrics and music compositions. However, that is fast changing now. From a copyright and entertainment attorney's perspective, the change can be attributed to Novex Communications, a privately held entity and registered copyright...

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Hiding in plain sight: Is Spotify in the ‘business of issuing or granting licenses’?

Spotify, Licensing songs, Music License

Spotify, the Swedish audio streaming service recently launched in India. The service, offering both ad-supported as well as paid premium subscriptions has already acquired one million users in the first week of its launch and by the looks of it will continue to gain users.  Besides the seemingly overnight popularity the service has also been in the news for its ongoing legal battle with Warner Music Group. However, that will not be the focus of this post. In this post we will look at Spotify’s content licensing business in the light of Section 33 of the Copyright Act 1957 (as...

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National e-commerce Policy Draft

NATIONAL E-COMMERCE POLICY DRAFT

On February 23rd 2019, the Department of Industry and Internal Trade released a draft outlining the National e-commerce policy, curated to address the major developments taking place in the field of e-commerce and digital trade. The Policy addresses the various concerns that have accompanied the rapid digitization of the economy and has chosen certain key areas that needs prioritization. Additionally, the Centre has highlighted the importance of harmonization of e-commerce policies across Ministries and Departments of the Government. The key areas of policy addressed in this draft are – (i) Data; (ii) infrastructure development; (iii) e-commerce marketplaces; (iv) regulatory issues; (v)...

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Kindle eBooks, Amazon and Business of Licensing: Section 33 Non-Compliance?

amazon Kindle India non compliance on FDI law

Over the years, the copyright law was amended several times to achieve different objectives ranging from inclusion of new works and rights to protecting interests of authors. One of the amendments to Indian copyright law in 1994 related to creating an exclusive business zone for copyright societies, whose objective is to manage works of authors, publishers and owners and facilitate ease of licensing and royalty sharing. The amendment provided in Section 33 of the Copyright Act that only copyright societies can be in the business of granting or issuing licenses. The objective of this limitation to the business of licensing...

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Kindle eBooks, FDI eCommerce Policy and Amazon Marketplace – Non-compliance Continues Contd.

Amazon Marketplace Non Compliance

Amazon Seller Services Private Limited ("Amazon") runs the eCommerce marketplace at www.amazon.in, and among other products, Amazon facilitates sale of eBooks and/or eBook subscription licenses on the platform at its Kindle eBook Store at https://www.amazon.in/Kindle-eBooks/b?ie=UTF8&node=1634753031. In my opinion, Amazon's business and approach with respect to eBooks does not comply with the recent FDI eCommerce guidelines by virtue of the following: By exclusively permitting only its group company Amazon Asia Pacific ("Amazon APAC") to sell eBooks on its marketplace; By giving preferential treatment to Amazon APAC's eBook products on the Marketplace; By requiring authors to publish exclusively on its marketplace through...

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