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Author: BananaIP Reporter

BananaIP Counsels > Articles posted by BananaIP Reporter (Page 38)

Assessing Patent Risks in India

The image depicts a sign of 'at your own risk' in a yellow diamond.

First Publication Date: 27th January 2010. This post is in furtherance of Kartik's post titled "Patent infringement analysis or FTO analysis in India - Challenges" relating to performing patent infringement and FTO analysis in India. Through this post, I wish to explain the basic steps for assessing patent risks. Patent activity has been growing in India at a steady rate. Increase in patent filings/grants and litigation indicates the growing interest of corporates to protect and enforce patents. Under such circumstances, assessing patent risks with respect to development and launch of products assumes great importance. Though the jurisprudence with respect to patent infringement...

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Patent Infringement Analysis or FTO Analysis in India – Challenges

First Publication Date: 27th January 2010.   Patent infringement analysis is one of the key studies that may be carried out under various scenarios. Some of them being: Proactively ensuring that they don’t violate third party IP, by carrying out this study at product development stage When sued by a competitor on the grounds of infringement of their patent rights Patent holders constantly monitor competitors’ products to check whether competitors’ products are infringing their patent, and take necessary actions to enforce their rights In all the above scenarios, the analysis part is carried out using well established doctrines corresponding to direct infringement and...

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Temporary Injunction Cases

First Publication Date: 15th January 2010 M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI), Apollo Hospitals, Apollo Hospitals Enterprise Limited and Cancer Institute (W.I.A.), (Regional Cancer Centre) The Appellant, Jayasingh, acquired a patent over a Prosthesis made of Titanium alloy, which is used in bone salvage surgery. On learning that the Respondents were making, selling, distributing and using Prosthesis that was covered by his patent, Jayasingh filed an infringement suit against the Respondents and prayed for an injunction during the pendency of the suit. After hearing the parties and reviewing the facts on record, the Court refused to grant temporary injunction to...

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Patenting Inventions by Researchers in Universities

Patent research

First Publication Date: 20th January 2010. This is in response to a question asked by one of the researchers on our website with reference to the patenting of inventions by researchers in the University For all the inventive minds working or studying in different Universities, idea of patenting their invention(s) is quite lucrative. With our experience of dealing with such situation, where a researcher wishes to apply for a patent, a number of issues  should be catered before applying for the patent.  In light of this, following guidelines are provided for the interested researchers. 1. First and foremost step for a researcher who...

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Temporary Injunction – F. Hoffmann-LA Roche Vs. Cipla

First Publication Date: 18th January 2010 The Appellants, F. Hoffmann-La Roche Ltd. (“Roche”), the Licensor of a patent relating to the drug Erlotinib used for cancer treatment and OSI Pharmaceuticals Inc. (`OSI'), the holder of the patent of the said drug, filed an infringement suit against the Respondent, Cipla Ltd. (“Cipla”). The Appellants filed an application for temporary injunction during the pendency of the suit, which was rejected by the Single Judge and therefore, filed this appeal. After hearing both the parties, the Court upheld the rejection of the temporary injunction based on the following reasons: a. The patent granted to OSI related...

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Public Access to TKDL under an Open Source Model

Intellectual Property

First Publication Date: 16th January 2010 This is in furtherance of the post on opening the Traditional Knowledge Digital Library (TKDL) for public access in order to further research and development of traditional knowledge. As I had stated in my post, making TKDL available under an open source model would enable the development of traditional knowledge and also safeguard the interests of traditional knowledge holders ("Holders"). The model I am proposing hereunder is based on the success of the Open Source Software (OSS) model. To give a quick overview, the OSS model is based on OSS licenses that grant rights to copy,...

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Patenting a Food Recipe?

  First Publication Date: 14th January 2010   Most of us, when we think about patents, we tend to associate patents with “high-tech” technological innovations. However, truth be told, sometimes patent protection can be easily extended to protect, as many may call, not so high-tech innovations as well. We had blogged earlier about, whether inventions related to method of massaging can be patented. A comment made on that blog post raises an interesting question, and is the focal point of this post. The question is: Can food recipes be patent protected? This question mainly arises because there could be doubt about whether or not, food recipe...

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Is a Method of Massaging Patentable subject matter?

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 12th January 2010 This post is in furtherance of a question posed by one of my students at NLSIU. The question was - "Can a method of massaging be patentable in India?". He apparently saw a massage centre stating that they have patented their massage methods. In my opinion, a process of performing a massage that is not related to treatment of a disease or disorder is patentable in India provided it satisfies the industrial applicability, novelty, inventive step and specification requirements. There is no provision under the Patents Act that prohibits patentability of a massage method that does...

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Waiving Moral Rights Can Be Moral

First Publication Date: 13th January 2010   Professor Anil's post inspired me to research into alienability and waivability of moral rights under national laws. I noted that national laws of civil law countries such as France, Spain, Italy and Germany expressly restrict transfer and waiver of moral rights and national laws of common law countries such as UK and Canada permit their transfer and Waiver. If we look at the international instruments such as Berne Convention for the Protection of Literary and Artistic Works which under Article 6Bis also recognizes the moral rights of an author but is silent on the right...

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Value of Intellectual Property for Music Bands

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.

First Publication Date: 6th January 2010 The potential Intellectual property usually goes unnoticed by the Band itself and the impact of the same is generally realized only when the same is infringed. Hence, the protection of various intellectual properties becomes quintessential for the development and revenue generation of the Band. Some of the basic types of Intellectual Property that must be protected by a band that will be dealt in this post include: A. Trade Marks; and B. Copyrights. A. Trade Marks The first intellectual property of a Band is born with naming the Band. The name of a band is very important because people will...

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