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Author: BananaIP Reporter

BananaIP Counsels > Articles posted by BananaIP Reporter (Page 120)

Choosing the Right Trademark- How Important is it Anyway?

The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

  First Publication Date: 8th January 2010   How important is it to choose the right trademark and how to choose the apt mark? With more and more courts and decisions focusing on the strength of the mark it definitely becomes quintessential to choose and apply for the right trademark. We don't have to search hard to look for such illustrations where the strength of the mark in some way decided the fate of the case. Fenil in his post titled "Could exclusivity be claimed over the word Imperial for alcohols" very aptly covered the case where it was held that no exclusivity can...

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ECJ Stems “Stem Cell” Patents

This image depicts the technological advancement that is 'stem cell regeneration'. It depicts the harvesting of stem cells in a perti dish and their development into a human organ. But is this miracle patentable? Click on the image to read the full post.

The sticky nature of Biotechnology research has always led to massive debates every time there was path-breaking discovery. It happened with Nucleic acids, amino acids, genetic modifications, transgenic animals and now stem cell research. This has been mainly because of its close and unavoidable link to life. When we came to believe that stem cell therapy for all monstrous ailments is around the corner, the moral police made its presence felt. After the famous WARF patents in US, it is now the turn of University of Bonn in Europe. On 18th of October in the Oliver Brustle v. Green Peace...

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Indian Performing Rights Society v. Eastern Indian Motion Pictures Ltd.

Citation AIR1977 SC1443, (1977)2 SCC820, [1977]3 SCR206 Facts: This is a dispute that broke out in a matter involving rights over Indian literary and music works for which the copyright subsides in India. Parties to the dispute where the Indian performing right society and the cinematograph exhibitors association of India. IPRS incorporated on 23/08/1969 in the state of Maharashtra governed by copyright Act 1957 has the authority for issuing licenses for performance in public of all existing future Indian literary and musical works for which the copyright subsides in India and is a company limited by guarantee for the purpose of granting license...

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Request for Examination of a Patent Application – Mandatory Requirement in India

In the Indian patent system, a request to patent office has to be made to process the application to the Examination stage. Unlike other countries like USA, where the examination fee has to be paid at the time of filing itself, Indian Patent Act 1970 provides 4 years time frame to file and pursue the application to the examination stage. A request for examination has to be filed within 48 months from the date of priority (priority date here is the date of first filing of the invention), Only then the particular application is considered for examination. If it is not...

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Is Trade Secrecy Always Possible?

This image depicts a confused and hesitant man working on a computer. This image is relevant because the post talks about the possibility of maintaining trade secrecy. Click on the image to view full post

Possibility of protection and a company's capability to protect a secret is indeed an important factor to be considered while defining the nature of protection. Though many factors may be in favour of trade secret protection over patent protection, the incapability of an organisation to maintain secrecy is a very important factor and may shift the balance. The kind of information sought to be safeguarded, measures required for protection, nature of business, organisation's stature and so on play a very important role in defining a company's capability to protect a trade secret. If the information sought to be protected is of...

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Biotechnology Industry Partnership Programme (BIPP), New Scheme from Department of Biotechnology for Advanced Technology Science

Biotechnology Industry Partnership Programme (BIPP) is a new partnership programme with industries for support on cost sharing basis for high risk discovery and innovation, accelerated technology development specially for futuristic areas like transformational technology and product development for public good, areas having major economic potential with focused on IP creation with ownerships by Indian industry, development of technologies in the area of agriculture, health, bio-energy, green manufacturing etc. The objective is to assist and promote emerging biotech entrepreneurs and facilitate innovative research and development in small, medium as well as large industries. The areas are broadly classified as following categories: I - Areas...

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