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Author: BananaIP Reporter

BananaIP Counsels > Articles posted by BananaIP Reporter

Overlapping IP Protection: Call for Caution

The image depicts a venn diagram of Copyright, Patent and Trademark

This post was first published on September 11th, 2012. Rights and protection are both victim and villain in overlapping. Overlapping and provision of simultaneous or sequential protection for some inventive and creative works have become a part of the expansive Intellectual property law regime. For example, both copyright law and trademark law now protect ‘Angry Birds’ and ‘Miley Cyrus’. Overlapping copyright and trademark protection for these two characters not only means that their creators receive all the benefits flowing from both the copyright regime and the trademark system, but it also means that many of the benefits that would otherwise flow to...

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Why Do Indian Companies Acquire Patents?

This image depicts two thinking minds. This image is relevant because the post talks about why Indian companies acquire patents. Click on the image to view full post.

This post was last published on May 31st, 2012. Most people would assume that the answer to the question is obvious. But it is not. Ideally, patents are acquired to gain competitive advantage and through it, business value. In our quest to learn the answer, we have by virtue of studying about a hundred companies of varied sizes, realized that only twenty percent of them actually acquire patents to gain a business advantage. Why then do others invest in patents? Some of the most common reasons are: To meet the targets met by the senior management About eighty percent among the large companies file...

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Would Licensing a Sound Recording Call For Separate License From the Lyricist and Composer?

This post was last published on May 15th, 2012. The case ruling in IPRS v. Aditya Pandey came as a huge loss to the music composers and lyricists of the industry. It was held that no separate license was required from the copyright owner of literary and musical work (lyricist and composer) that embody a sound recording. A brief overview of the facts are as follows-  The appellant, Indian Performing Right Society Ltd. (IPRS - for short) is a Copyright Society registered under Section 33 of the Copyright Act 1957 and has around 1478 members who are either authors of the lyrics or...

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Patent Trolling : Can’t Live With, Can’t Live Without!

This post was first published on March 9th, 2012. Patent Trolling is indeed a remunerative fad apart from being a 'rage'. It’s also turning out to be the easiest way to make quick bucks, many of those quick bucks rather. For once, it should probably be lauded for they have highlighted the largest of loopholes that companies seem to have over-looked on their march to success. However, what should also be observed in the midst of all of this is that - they also highlighted what a travesty the patent system has become these days. The company that does nothing gets...

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Publicity Rights in India (Part II)

The image depicts a portrait of Jean Simmons.

This post was first published on March 1st, 2012. Some Indian Courts, such as Delhi High Court, have of late been very aggressive in enforcing various IP rights online and in digital media. However, considering the recent development of publicity rights law in India, there has not been an instance of its enforcement online or in computer games. We will, therefore, take a computer game hypothetical to review the applicability of publicity right law. Let us assume that an online cricket game is made in two versions. Version 1 is called world cup, which allows matches between various national teams. It includes...

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Publicity Rights in India (Part I)

The image depicts Judy Garland.

This post was first published on February 28th, 2012. The right of publicity refers to the right to prevent unauthorized commercial use of a person's persona. A person's persona includes his name, photograph, signature, voice or any other identity.   Publicity rights vest only in a celebrity or public figure. In other words, a person must be recognized by the public in order to possess the right of publicity.  The public must identify or associate an identity to a person. If such an association cannot be established, the right of publicity does not come into existence. Use of a person's persona for commercial...

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Medical Imaging- A Patent Insight

The image depicts an X-Ray of a person's left hand.

This post was first published on February 21st, 2012. Medical Imaging is in full flow and offers several advantages for clinicians to diagnose the patient’s health thoroughly.  Medical imaging is the technique and the process to create images of the human body or parts for clinical purposes and is often perceived to designate the set of techniques that noninvasively produce images of internal aspects of the body. The imaging technologies involved in medical imaging are Radiography, Magnetic resonance imaging (MRI), Fiduciary Markers, Nuclear medicine, Photoacoustic imaging, Breast Thermography, Tomography, and Ultrasound. These imaging technologies have their own way of acquiring images....

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Trade Secret Violation – A Hypothetical Indian Case Scenario

The image depicts the text 'Trade Secret' on a piece of paper. The post is about a trade secret misappropriation case. to read more click here.

This post was last published on January 23rd, 2012. India has emerged as one of the important markets for information technology services and services involving business processes. With the constant development of industries in India, the growth of intellectual property has been exponential and so with it, the increasing need for providing better enforcement techniques to protect IP. India already has various statutes for the protection of patents, trademarks, copyrights, designs etc. But existing and rising industries/businesses are generating a lot of information which is confidential in nature and processes as well as technical know-how which qualify as trade secrets and...

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‘Acquired Distinctiveness’ of Infosys Trademark

This post was first published on 18th November, 2011. Infosys Technologies Ltd vs Adinath Infosys Pvt. Ltd & Ors, High Court of Delhi  Facts: The plaintiff-company Infosys Technologies Private Limited is engaged in the business of providing IT services, solutions, consulting and business process management. INFOSYS is the registered trademark/service mark of the plaintiff-company in various Classes including Class 16 in respect of computer software. The Plaintiffs have strongly contended that owing to their excellent services offered by them, continuous, extensive and substantial use, the mark INFOSYS has acquired distinctiveness. The plaintiff contends that use of the mark INFOSYS implies that the goods/services...

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Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi

This post was first published on 15th November, 2011. Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi Pronounced on 31st October, 2011 Facts In February 2006 the plaintiff came across the defendant selling counterfeit lighters with the Zippo mark in the same shape and it was a verbatim imitation of the original Zippo lighters. Zippo, a company based out of USA claims to be a world leader in the manufacture and distribution of lighters alleged to be a well-known trademark. Keeping in mind the damage that can be caused to their company; they sent a notice to the defendants...

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