03 September 2019

Sticky

Digital Rights Management

in Copyrights, Intellectual Property, Media and Entertainment Law

This post was first published on December 24, 2014.

Laws alone cannot eliminate copyright infringements. For the Copyright Law to take its course, there have to be effective detection of infringements and identification of infringers. Furthermore, as with any property rights, owners of copyrighted content have to take certain measures to protect their copyrights before expecting law enforcement to aid them. DRMs and ETMs are such measures a copyright owner is expected to take in order to protect his copyrights in the digital world. The term Digital Rights Management (DRM) broadly refers to a set of policies, techniques and tools that guide proper use of digital content. Simply put, a DRM system manages the appropriate use of content.

The major functionalities of this system are numerous. They include facilitating packaging of raw content into an appropriate form for easy distribution and tracking, protecting content for tamper-proof transmission, protecting content from unauthorized use and enabling specifications of suitable rights, which define the modes of content consumption. DRM systems also facilitate the delivery of content offline on CDs and DVDs; deliver content on-demand over peer-to-peer networks, enterprise networks, or the Internet; and provide ways of determining the authenticity of content and of rendering devices. Some of the popular controlled access techniques in use are encryption, electronic signature, digital watermarking etc.

03 September 2019

0 Cmnts

Sticky

Outsourcing, In-Sourcing and Intellectual Property

Posted by BananaIP Reporter

in Intellectual Property

This image depicts a cluster of words related to intellectual property. This image is relevant because this post talks about outsourcing and insourcing of intellectual property. Click on the image to view full post.

This post was first published on November 03, 2014.

An article published in The Hindu on October 24, 2014, talks about the silent in-sourcing movement in Multi-National Companies. Organisations such as General Motors, focussing on in-sourcing IT operations during the last three years, and Astra Zeneca, setting up a captive unit in Chennai to move a large portion of global IT operations, have been cited in the news report as examples to highlight the growing in-sourcing phenomenon. One of the reasons cited in the article for such a trend is to safeguard high value Intellectual Property of the in-sourcing companies. Taking the statement at face value and assuming that there is IP at stake in out-sourcing the same, could there be anything with respect to IP, that might be encouraging this trend?

Though the decreasing trust of foreign companies in the Indian IP system might be a reason, on the face of it, it is remote and extrapolated. Besides, the level of confidence in a country’s IP system is a subjective determination, largely influenced by a company’s, or a sector’s, business interests. So, I am consciously staying away from taking this path.

02 September 2019

0 Cmnts

Sticky

Wacky Patents 1 – Method of Presenting Beer

Posted by BananaIP Reporter

in Intellectual Property, Patents

The image depicts a Bottle of beer being poured into a Glass. This image is relevant as the post deals with patent issues for the style of presenting beer. Click on the image for more information

This post was first published on November 12, 2014.

There is nothing more refreshing than a pint of chilled beer and a hearty chat with friends after a generally lousy week. But beware! You may be infringing a patent while sipping down the chilled “barley juice”. Here is why – Below is the description of a patent granted for the “Method of Presenting Beer” which is our Wacky Patent No. 1.

US Patent No. 8,240,155 B2 relates to a Method of Presenting Beer. Filed in August, 2007, the patent was granted in August, 2012, which means that the patent is still in force. Here is how the invention actually works. The problem sought to be solved by this invention is regarding beer being served chilled. Beer is normally served at a temperature above zero degrees since chilling beer to near zero degree results in loss of flavor. So the inventor, Kevin Dale, came up with this invention to serve beer chilled at near zero temperature without compromising on taste.

02 September 2019

0 Cmnts

Sticky

Wacky Patents 3: Earth Orbital Bombs as Nuclear Deterrents

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts a nuclear explosion which looks like a Mushroom creating a shockwave over a specified area. This image is relevant as the article deals with Earth Orbital bombs as Nuclear Deterrents. Click on the image for more information

This post was first published on December 05, 2014.

The world is facing a lot of problems like energy crisis, border disputes, international security issues and the deadliest of all, the Nuke! The world is trying to combat these issues, both individually and collectively, and yet is unable to come up with a comprehensive solution. But Arthur Paul Pedrick came up with a one-stop shop for all global concerns with his invention titled, Earth Orbital bombs as Nuclear Deterrents.

The patent specification starts off with a philanthropic note saying that the invention is concerned with the means for meeting the world’s so-called “energy-crisis”. But then speaks of what the invention is actually about, when the specification discloses that, in particular, the invention deals with “…the provision of a system of orbital nuclear bombs whereby distrust between nations may be removed to the extent that they can release the deuterium and tritium in their stored nuclear bombs to allow it to be used for peaceful purposes i.e., more particularly for the generation of electricity…”

01 September 2019

0 Cmnts

Sticky

From China with Love: The Xiaomi Story

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on December 19, 2014.

Just a few months ago, this particular cellular company took the market by storm and made its stand in the 3^rd rank of the world’s cellular companies. It not only pleased consumers, but also gave tough competition to leading brands in the market. As a matter fact, the phones sold like hot cakes within minutes of its release on one of the biggest online shopping destinations, Flipkart. More recently, the company got into a patent spat, the first of them, with another biggie, Ericsson. Even more recently, the ban was partially lifted.

Xiaomi is the name that jumps to mind immediately. This phone gained all the stardom due to its amazing specifications. It did not provide any specification out of the box when compared to its competitive brands but what it did provide was all the highly featured specifications which the leading brands sell for very high cost. Xiaomi sold the same specifications for half the cost. This low cost phone with high end specifications was then known to be a “Chinese iPhone”. Xiaomi, having moved out of China, has made its stand in seven countries in Asia and is on track to sell 60 million smartphones this coming year.

31 August 2019

0 Cmnts

Sticky

Understanding Trademark Registration Procedures in the Maldives

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

This image reads Trademark. This post is about interesting development in Trademark law. Click on the image to read the full post.

This post was first published on October 15, 2014.

The Intellectual Property Regime in the Republic of Maldives, the smallest Asian country in population and in area, is an interesting study. In order to comply with the TRIPS Agreement, the Maldives Government (referred to as GOM) enacted the Copyright Law in April, 2011, and thereafter spread public awareness of Copyright Law through TV and radio programs, Government announcements, school events and meetings with relevant media and entertainment sector associations.

It is important to note that GOM does not have any specific legal infrastructure to protect Trademarks. However, GOM is currently working on bills regarding Trademarks and Geographical Indication, with the assistance of WIPO. GOM recently established an IPR unit within the Ministry of Economic Development, but has not yet signed international agreements or conventions on Intellectual Property Rights.

28 August 2019

0 Cmnts

Sticky

Part IV: Descriptive Marks – Can They be Protected?

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

The image reads Trademarks. The post is about interesting development in trademark law. Click on the image to read the full post.

This post was first published on October 16, 2014.

In the final part of this series, we shall conclude the discussion on descriptive marks with an examination of the Indian position on the protection of these marks. Section 9 of the Trademark Act, 1999 which lays down absolute grounds for refusal of registration of trademarks, clearly states that trademarks which consist exclusively of marks or indications, which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service shall not be registered. This provision applies to marks that are both descriptive and non-distinctive in relation to the goods or services for which protection is sought. While analyzing a mark, one has to look at the word, not in its strict grammatical significance, but as it would represent itself to the public at large who are to look at it and form an opinion of what it connotes, as observed in Keystone Knitting Mills Ltd.’s TM [(1928) 45 RPC 193].

21 August 2019

0 Cmnts

Sticky

‘Trade Secret’ Law is Turning Out to be a Well-Kept ‘Secret’

Posted by BananaIP Reporter

in Intellectual Property, Trade Secrets

This image depicts a rusted lock on a gate. This image is relevant because this post talks about the ongoing debate about the Trade Secret law in India. Click on the image to view full post

This post was published on August 26, 2014.

A recent discussion with a friend made me contemplate the methods companies use to protect a business process. Most companies have processes that help in their smooth daily functioning yielding them their revenue. Since business methods are not patentable in India, there must be a way that these processes can be protected from competitors. Of course there is – Trade Secrets.

A business process forms part of a company’s Confidential Information and can be protected as a Trade Secret. A Trade Secret is any kind of ‘information’ or ‘know-how’ which is not ‘publicly known‘, has ‘commercial advantage’ and which the owner has taken ‘reasonable measures to keep secret’. Largely, many countries recognize these as the normal components for protection of a Trade Secret. In India, unlike in the USA or other countries, there is no specific legislation to protect Trade Secrets.

21 August 2019

0 Cmnts

Sticky

Patent Trolls – Threat to Innovation and its Users!

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts a Monkey standing with a stick and trying to describe what Patent Troll is with the basic definitions written in the Background. This image is relevant as USPTO has granted a Patent for a method of Patent Trolling. Click on the image for more information

This post was first published on February 11th, 2014. We are familiar with Patent Trolling strategies adopted by companies as a means to financial gain and to gain market advantage over competitors. Normally, in such cases, one company would use its portfolio of active patents to sue other companies which seem to infringe on their patent rights. This may trigger a litigation procedure in courts or get settled outside the court, at the expense of a huge amount of money. In an interesting case, things went from bad to worse when a company decided to sue the end users of certain...

20 August 2019

0 Cmnts

Sticky

Is it Legal to Reverse Engineer the Engineered?

Posted by BananaIP Reporter

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

This image depicts the word Engineer written in the reverse way. This image is relevant as the issue here is whether is it legal to reverse engineer the engineered. Click on the image for more information

This post was first published on September 24, 2014.

Shoppers would agree with me when I say that while purchasing something, I need to feel a connect with it. Once I have found that connection, a feeling of possession sets in and I know that the article, which until recently was only lying in a shop somewhere, is now mine. This feeling of possession of an inanimate article may lead us to believe that anything can be done to it, which would legally be termed as personal property rights. These include the right to take the product apart, measure it, subject it to testing and so on. A question now arises – Can we Reverse Engineer and use something that has been engineered by someone else?

The controversy between Atari and Nintendo lays down most of the pre-Digital Millennium Copyright Act framework for the legal analysis of Reverse Engineering. In the late 1980s, the 8-bit Nintendo Entertainment System (NES) was a major player in the video games market. The security mechanism on the NES, called 10-NES, prevented games from running on the system unless they contained a special chip and software. This security mechanism was used by Nintendo to push game developers into licensing contracts.

Author: BananaIP Reporter

SOME OF OUR CLIENTS