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Author: BananaIP Reporter

BananaIP Counsels > Articles posted by BananaIP Reporter (Page 14)

Intellectual Property Protection for Computer Programs – Part II

The image has green lines over black background to indicate digital information. The image is relevant as the post is about IP protection of Computer Programs. Click on image to view post.

This post was first published on 1st September, 2014.   In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws. Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled with systems, were not sold through retail channels of distribution. Manufacturers could protect their technology through contractual agreements and Trade Secrets....

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OSS License Compliance – Source Code Not Enough

  This post was first published on 17th January 2011.   Open Source Software adoption has taken a large stride in 2010. and so did enforcement of OSS licenses. Software Freedom Law Center has been taking the lead by filing suits against GPL violations. Despite the increasing number of OSS suits, none has till date gone the full distance. The cases are generally settled through compliance, withdrawal and/or payment of compensation.The recent withdrawal of an Open Source Software after alleged violation of GNU General Public License (GPL) by Apple elucidates that making source code available is not sufficient for OSS License compliance. The...

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part V

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 11th August, 2014.   Last week, we discussed the Urmi Juvekar Chiang case. Today we will look at the case of (1) Mr. Anil Gupta and (2) Another. vs. (1) Mr. Kunal Dasgupta and (2) Others - A landmark case, indeed, in the area of protecting ideas and concepts. This case elucidates the dos and don'ts of Idea Protection and Breach of Confidence in the Entertainment Industry. Plaintiff No. 1 - a Media Consultant Defendant No. 2 - a Television Production House It is the case of the Plaintiff that he conceived the idea of producing a reality television programme containing the process...

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Relevance of IP to Business

Start-up

This post was first published on 6th August, 2013.   It has been made amply clear in this column earlier that Intellectual Property (IP) can be an important tool for businesses to build, consolidate and grow. Having said that, considering the hype given to the subject, it is easy for a SME to misconstrue its potential and value. So, I wish to start this note by reiterating that IP is only one, among many layers that can form part of a company's business strategy. It, just like other tools, has the potential to take a business to the next level, provided that...

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Basic IP Practices for SMEs

Open source Licensing

This post was first published on August 6th, 2013.   Intellectual Property (IP) can play an important role in taking a SME to the next level in business, provided the company takes the right steps in the right direction. While the nature of IP actions to be undertaken by an organisation varies from company to company, there are some basic practices that every company must take to keep the option of taking advantage of IP, open. The upcoming editions of this column will cover some of the most important IP practices. The first step towards realizing value from IP is, gaining an understanding...

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Trademarking the Name of God? – Part 1

The image depicts God. If the post is to be believed, the name of God van be trademarked too! Click on the image to read the full post.

This post was first published on 2nd September, 2014.   If there is one question that can spark a controversy, it must be this - Is it possible to trademark the name of God? Section 9(2) (b) of the Trade Marks Act, 1999, which deals with Absolute grounds for refusal of registration, mandates that a mark shall not be registered as a trademark if it contains any matter likely to hurt religious susceptibilities of any class or section of the citizens of India. When a trademark is granted in the name of God, normal people / devotees will not be allowed to use the name...

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Strategy to Patent Jamun

This image depicts a bowl of jamuns. this post explores if jamuns can be patented. Click on the image to read the full post.

This post was first published on 8th November, 2012. The Jamun patent saga, earlier reported to be the subject of government revocation has spurred discussions and debates across India on various counts, ranging from mode of revocation to CSIR's blind eye to Indian applications. My attempt in this post is not to add another opinion to the existing ones but to bring forth that a composition of Jamun can be susceptible to patent protection.  All of us in India will agree that we have a ton of traditional knowledge  (TK), most of which is either untapped or unused. In fact, at...

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They Are All Honourable Men

This image depicts managers in discussion.

This post was first published on 10th July, 2012. The inevitable question once again - "How many IP managers know what they are doing with their IP?" While I am compelled to say all of them, it is sad that very few have a macro level picture. This opinion has not been pulled out of thin air, it is based on IP work of many professionals in the trenches. One reason for this gap, if I may call it so, is lack of quality IP management resources. Like four blind men perceiving an elephant based on the part they touch, many of...

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Harmonious Construction Can Ignore the Term Clause

This post was first published on 25th May, 2012.   The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or distributing the film without deleting the portion of the song and also from exploiting the audio rights of the film...

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Part III: Descriptive Marks

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

This post was first published on 8th September, 2014.   In continuation to the earlier post where we covered the US approach towards protection of descriptive marks, in the current post, we will be analyzing the circumstances in which descriptive marks can be protected in the EU. The EU position towards descriptive marks is clearly stated under Article 7(1)(c) of the Council Regulation (EC) No. 207/2009, which is couched in the similar language as that of the provision in the Indian Trademarks Act 1999, talking about the same. As per this provision, signs which consist exclusively of signs or indications which may serve, in trade,...

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