24 July 2019

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All is Not Lost: How to Restore your Priority Right!

This post was first published on 24th July, 2014. We are well aware of the importance of the Priority Right and therefore also know what losing a priority right can cause. It may throw even the strongest of inventions off balance. A valid priority claim would give us the priority date which is the date of filing of the first application. This date is also known as "effective date of filing” in many jurisdictions. In other words, as the name suggests, the prior art that is taken into account for examining the novelty and inventive step/non-obviousness of the claimed invention is the information available to...

24 July 2019

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Patent Filing Requirements in India

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 14th January, 2011. Filing of a Patent application in India has been simplified by the option of E-filing software. With the use of digital signature an authorized patent agent or applicant can directly file a patent application in the E-filing software. Normally, a patent application can be filed by the true and first inventors or the assignee having acquired the authority from the true and first inventors. The following documents/forms are required at the time of filing an application either through E Filing software or hard copy filing: Form-1: An Application for grant of patent on Form-1...

24 July 2019

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Re-Classifying Patent Search- Cooperative Patent Classification (CPC)

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 4th November, 2011. One of the strategies adopted by the examiner/searcher while performing a prior art search is to identify the classification of the invention's subject matter. Patent classification is a way by which a patent office arranges identical or similar patent documents. A patent document can be classified in several classes. There are numerous patent classification systems available across the world such as International Patent Classification (IPC), United States Patent Classification (USPC), European Classification (ECLA), F-term and Derwent classification system. Most of the countries incorporate IPC on their patent documents. The IPC is generated by...

24 July 2019

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Distant Touch – Patents for the Blind 4

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts a blind man holding a stick and trying to cross a road. This image is relevant as a patent has been awarded known as Orientation aid for the blind and the visually disabled. Click on this image for more information

This post was first published on 4th September, 2014. A cane, as I had mentioned in one of my earlier posts, is a blind person's lifeline. It allows a person to make his way around by means of touch from a distance. The length of the cane may vary based on a person's height, and on an average, it allows a blind person to feel for objects up to about a distance of 1.2 metres. Traditional canes operate completely on the basis of touch. Owing to the development of sensing technology from deploying infrared rays to lasers, several people have tried to make contactless...

23 July 2019

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Personality Rights in India – Part I

Posted by BananaIP Reporter

in Intellectual Property, Media and Entertainment Law

This Image depicts the word art of 'Personality'. This Image is relevant as the article deals with the Persoanlity Rights in India. Click on this Image for more Information.

This post was first published on 23rd June, 2014. Intellectual Property (IP) has been continuously evolving. It is now not restricted to just categories like Patents, Trademark, Designs and Copyrights. Judicial activism has widened the scope of IP to cater to new forms of protection, one such addition is "Personality Rights". Personality Rights are made up of two kinds of rights: the Right to publicity and the Right to privacy. The Right to publicity which is usually attributed to celebrities or famous people is of great importance to the entertainment and media field. Right to Publicity means the right to control commercial exploitation of one's successful personality and prevent...

23 July 2019

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

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This Image depicts the clip art of 'This is the best idea i've heard all decade. This Image is relevant as the article deals with the Protecting Ideas in Entertainment Industry. Click on this Image for more Information.

This post was first published on 23rd April, 2014. An idea may be defined as a thought, which cannot be seen, touched or heard. In other words, an idea is entirely intangible in nature. Ideas can be kept secret or commercially exploited, but to gain protection, they need to satisfy the threshold of originality and novelty. Even though ideas act as catalysts for various Intellectual Property protections, by themselves, they are not qualified to obtain protection. Since an idea, taken at face value, does not fulfill the requirements of protection, it allows more than one person to create work (tangible) based on the same idea. Infringement occurs only...

23 July 2019

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Christmas deLIGHT

Posted by BananaIP Reporter

in Intellectual Property, Patents

The image is of a well lit Christmas tree. The post is about attempts to patent Christmas lights. Click on image to view post.

This post was first published on 23rd December, 2011. It's December! The month of the Holy festival of Christmas. The whole world has geared up for the big celebrations. Christmas is celebrated as traditional birthday of Jesus Christ, the central figure of Christianity. Christmas trees, Christmas lights, Christmas Carol, Christmas cakes and so on are some inherent parts of Christmas celebration. The focus of my blog is on Christmas lights. The tradition of Christmas lights was started by the people who lived in the 17th century. They used to attach small candles to branches of the Christmas trees using wax or pins....

23 July 2019

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Gawker Media Sued By Dr. Phil; U.S. ‘Six-Strikes’ Policy Company loses its Status; and more

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on 20th May, 2013 Gawker media gets sued by Dr. Phil for copyright infringement Dr. Phil sued Gawker media for copyright infringement when a part of his exclusive interview with Ronaiah Tuiasosopo was shown in another show by Gawker media. Claiming to have misappropriated and stolen a part of the show, the aggrieved Peteski productions of Dr. Phil sued Gawker media for infringement. Read More The company that supervises the US 'Six-Strikes' Policy loses its status as a 'Company' The Center for Copyright Information, a company that was established to oversee and supervise the US 'Six-Strikes' policy lost its status...

23 July 2019

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Cooling cricketers for hot Indian weather

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 26th February, 2011 14 participants, 3 hosts and 49 matches. Biggest and most awaited cricket tournament ICC Cricket World Cup 2011 edition kick started in style on 19th February 2011 in Sher-e-Bangla national stadium, Bangladesh. The cricket fans all over the world are celebrating the event. With a strong Line Up, Indians are the clear favorites. Moreover this is said to be the last world cup of many cricket maestros along with the “God of Cricket - Sachin Tendulkar” topping the list. A threat during the play especially to the foreign teams may be that...

23 July 2019

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How Wise is it to TRIP Over Food?

Posted by BananaIP Reporter

in Intellectual Property, Plant Varieties

This image depicts tomatoes in a zip-lock bag. This post talks about the importance of food protection under the TRIPS agreement. Click on the image to read the full post.

This post was first published on September 8th, 2014.

Every country tries its best to ensure that there is no dearth of food. Ensuring that food is of good quality is also important. As much as I’d love to go on talking about food, I will refrain from talking about food per se and concentrate on the legal obligations related to food. This post will concentrate on the relationship between IP and food which is governed by successful research efforts that result in a new plant variety or a plant with new and improved characteristics which qualify for Intellectual Property protection under various national laws and under TRIPS.

The effects of increased use of new biotechnology on the right to food cannot be discussed in isolation, but must also take into account the tendency that biotechnology applications are protected by plants or plant breeders right. Art. 27 of TRIPS gives member states the freedom to exclude from patentability plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, member states have to provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. India enacted the Protection of Plant Variety and Farmers Right Act, 2001.

Author: BananaIP Reporter

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