25 July 2019

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Madrid Protocol- International Trademark Filing Becomes Easier

This post was first published on 11th August, 2013. India has been officially notified as a member to the Madrid Protocol on 8th July 2013 joining 89 other countries including the USA and European Union. What is Madrid Protocol The Madrid Protocol is an international trademark filing system that provides a cost-effective and efficient way for individuals and entities to secure protection for their marks in multiple countries by filing one application with the Indian Trademark office. At present, there are a total of ninety one Contracting parties that are members of the Protocol. The list of members of the Madrid Protocol may...

25 July 2019

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Indian IP Laws to Protect Traditional Culture and Folklore

Posted by BananaIP Reporter

in Intellectual Property, Traditional Knowledge

This image depicts ayurvedic preparations in a crucible. This post talks about the patentability of traditional knowledge. Click on the image to read the full post.

This post was first published on 8th November, 2014. Most places in the world, where traditional knowledge and folklore exist, face the challenge of multiculturalism and cultural diversity because they have both indigenous and immigrant communities. A balance has to be struck between the protection and preservation of cultural experience and traditional. Efficient cultural policies are required to meet the above challenges and free exchange of cultural experiences is required to make policies for effective protection of the same. A further challenge is to balance a wish to preserve traditional cultures with a desire to stimulate tradition-based creativity as a contribution to...

25 July 2019

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Cross-Border Patent Protection

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on July 16th, 2014. Patent protection is territorial in nature. A patent application filed in a country can entail the enjoyment of patent rights in that country only and thus a patent application has to be filed in countries where the applicant intends to gain protection. Thus in order to seek patent protection in multiple countries, the applicant will have to file the application in each of these countries. There is no limitation on the number of countries where a patent application can be filed. A foreign application can be made in the following ways: Direct...

25 July 2019

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The Right Time and Means to Publish a Patent Application

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 18th July, 2014. If an invention has been published or publicly displayed, it will not be eligible for patenting except for in certain cases. As part of this post, we will look at an essential stage in the patenting process called Publication. We will also discuss the exceptions, where prior publication may not hinder the patenting of an invention. In India, once an application for a patent has been made, the application shall be published by the Patent Office for public inspection, before the expiry of 18 months from filing or priority date. Under Section 11A of the Indian Patent...

25 July 2019

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Denial of Opportunity to be Heard Violates Principle of Natural Justice

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 16th July, 2014. Today, we will take a look at a case where the IPAB ruled in favor of the appellant, remanding the case back to the Controller on the principle of natural justice! Telefonaktiebolaget Lm Ericsson (Publ) (Appellant) v/s Controller General of Patents and The Assistant Controller of Patents (Respondents) Case: This particular order is in response to an appeal filed by Ericsson against the order passed by The Assistant Controller of Patents rejecting the Indian application (5294/DELNP/2005) filed by them for an invention titled Secure Traffic Redirection in a Mobile Communication System, based on a corresponding...

25 July 2019

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“Children, Don’t Just Invent, File Patents!”

Posted by BananaIP Reporter

in Intellectual Property, Patents

The image depicts a robotic child wearing a Graduation Hat. This image is relevant as the article is about Patent. Click on the image for more information

This post was first published on 14th November, 2014. The secret of genius is to carry the spirit of the child into old age - Aldous Huxley Every child is a genius. I wish all SiNApSE readers a very Happy Children's Day. This post brings you the knowledge about 4-year-old Sydney Dittman, who invented an aid for using knobs, called Aid for grasping round knobs (US 5231733), an extremely useful invention for the disabled. She invented it while playing with her toys and now you know that inventing is nothing but play and fun. For Patent Geeks, here is the info: Abstract: Apparatus for grasping circular knobs which...

25 July 2019

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Reverse Engineering is Legitimated by Reason: Sega v. Accolade

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law, Patents

This image depicts two person trying to put the puzzle together. This image is relevant as it was decided in the case of Sega vs Accolade that Reverse Engineering is limited by Reason. Click on the image for more information

This post was first published on 11th November, 2014. In one of our recent posts on reverse engineering, we discussed fair use for intermediate copying. Today, we will look into another landmark case that legitimizes copying based on a justifiable reason! In Sega v. Accolade, Accolade used a two-step process to create video games compatible with the Sega Genesis game console. The first step was to reverse engineer the system and create a development manual. Accolade purchased a Genesis video game console and three game cartridges. Then the system was wired up so that the data moving between the cartridge and the console during game...

25 July 2019

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Batmobile – Supercar or Character?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This image depicts Batman standing on the batmobile.

This post was published on 18th March, 2014. In a copyright infringement suit between the DC comics (Plaintiff) vs. Mark Towle (Defendant) the United States Court of Appeals for the Ninth Circuit is to decide whether the Batmobile is protectable under copyright laws. Batmobile is a renowned vehicle that the caped crusader a.k.a. Batman uses for fighting crime in the city of Gotham. Known for its aesthetics, aerodynamics, and features such as jet engine afterburner, torpedoes/missile launchers, automatic tire inflator and many more, the Batmobile made its first appearance in 1939 in a comic series called detective comics and was later...

25 July 2019

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Patent War: Is the US Arm-twisting India?

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts a man twisting the arm of another person. This image is relevant as the topic itself has the question whether US is arm-twisting India. Click on the image for more information

This post was first published on 4th September, 2014. India’s domestic Patent Laws have flourished prominently and recent patent rulings have suggested that Indian Patent Laws are consumer friendly. However, recent discussions with the US prompted a need for us to defend our IPR regime. In their view, the underlying Indian Law still tends to favor weaker rather than stronger protection of IP. A number of issues raised in negotiations on TRIPS regime for implementation of Patent Laws in developing countries such as India have been selected to the satisfaction of developed counties such as the US and certain European countries. There are...

25 July 2019

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Patently Asia – A Drug War!

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts a Samurai Warrior with leaves falling on her. This image is relevant as the founder of Kratom is Natalie. Click on the image for more information

This post was first published on 25th November, 2014. Japanese Patent about a pain-killing drug extracted from 'Kratom' (Mitragyna Speciosa), a well-known Southeast Asian medicinal plant, is creating contradictions. Patent documents and other publications reviewed, are silent on the origin of Kratom utilized by Chiba and Josai. Patents have been issued in Japan and the US, and patent applications may be pending elsewhere. How the Plant became a Painkiller drug: In the early 2000s, Japanese researchers began analyzing compounds extracted from Kratom as part of a program to assess medicinal plants. They identified one Kratom compound, 7-hydroxymitragynine, as having particularly potent painkilling effects - considerably stronger and with no side effects, than even morphine,...

Author: BananaIP Reporter

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