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Author: BananaIP Reporter

BananaIP Counsels > Articles posted by BananaIP Reporter (Page 15)

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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Trademarking the Name of God? Huh! – Part 3

This image depicts Goddess Durga's face. This image is relevant for the post as it about trademarking the name of the Gods! Click on the image to read the full post.

This post was first published on 8th September, 2014.   In continuation to the previous post, we shall now have a look at other important cases where the issue of whether or not one can monopolize the name of the Creator by trademarking the name of God is discussed. In order to prevent unauthorized use of the picture of diety of Attukal Devi and description of "Sabarimala of Women / Streegalode Shabharimala (in Malayalam)", Attukal Bhagavathy Temple Trust has secured registration for the image / picture of diety as well as the descripion of Sabarimala of Women through registration by Application Numbers 1420800 and 1420799 (Check...

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Invention that Revolutionized the Industrial Revolution!

This image depicts the Steam Engine invented by James Watt. This image is relevant as the post is about the invention which has brought the Industrial Revolution. Click on the image for more information

This post was first published on 13th October, 2014.   Most of us have learned about the Industrial Revolution that took place in the 18th and 19th centuries, that ultimately resulted in the transition to the new manufacturing processes found even today. While I was reading about the industrial revolution, the question that flashed in my mind was, "Is there any invention that fueled the revolution?". Well, surprisingly (or not), the answer is a Yes! It's nothing but the Steam Engine. Let me tell the interesting story of the Steam Engine and its world famous inventor for our Readers who have a special...

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