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Author: BananaIP Reporter

BananaIP Counsels > Articles posted by BananaIP Reporter (Page 7)

PTech Industry Split – Proposed Indian Patent policy

This post was first published on 18th August, 2014.   A heated debate has erupted between the Tech Giants about the newly proposed amendment in the Indian Patent act. The Tech industry is discussing the pros and cons of implementing the suggested change. What is proposed in this new changed policy? The new policy that is proposed aims to protect essential patents in the technology space. It is called the Intellectual Rights Policy and it proposes to set a framework for the licensing of essential patents in India. What are the points of difference between the old policy and the new one? The key point of difference is...

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Fly Like Superman

The image is from Superman Comics. The post is about a patent application for hyperspace teleportation. Click on image to view post.

This post was first published on 28th November, 2011.   Everybody as a kid must have fantasized to fly like Superman. Did you ever imagine teleporting yourself from one place to another, just in a jiff? To sweep you off your feet here is a patent application which may remind you of Superman. I found a patent application which may turn your dream of teleporting yourself from one place to another into reality. A patent application (US 20060071122) titled “Full Body Teleportation System” filed by John Quincy St. Clair in Sep 2004 discloses a technique to teleport a human being through hyperspace...

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Intellectual Property Protection for Computer Programs – Part I

This post was first published on 28th August, 2014.   A computer program is an intellectual creation and can be protected by Intellectual Property (IP) Law, particularly by Copyright and Patent Laws. The manner of IP protection for computer programs is a hot topic of debate, primarily due to the fact that current IP regimes are not effective in dealing with their protection comprehensively. There is a lot of ambiguity with regard to their protection because of the technical complexities in computer programs and the difficulty in integrating them with existing IP laws. Software does not fit comfortably into established legal categories. For instance, there is a lot of...

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Idea Expression Dichotomy

The image depicts a quill dipped in ink bottle. The post is about expression of ideas. Click on image to view post.

This post was first published on January 22, 2011. We all love reading. Fiction, Non- fiction, Self Help, Post Modern Literature,  Verse, and Limericks -our tastes vary. It’s a point to be noted that the authors of the books we love reading so much write exercising the faculties of their brains, ideas stemming from their brains and then expressing it in words, putting it in paper. Therefore, it’s very important that the authors have full right over their creation. But, many ideas arise from something that is already present and in the case of literary works what needs to be checked...

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Grounds for Refusal of Trademark Registration – Part III

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 July, 2014.   In today’s post, we’ll be talking about Section 9(3), thereby concluding one half of the series, i.e., absolute grounds for refusal of registration of trademarks. Section 9(3) talks about the registrability of the shape of goods. As per the provision, a mark shall not be registered as a trademark if it consists exclusively of: Shape of goods which results from the nature of the goods themselves; Shape of goods necessary to obtain a technical result; or Shape which gives substantial value to the goods. The primary object of this provision is to ensure that...

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Where Some see a Wheel, Others See a Wheel of Fortune!

This post was first published on April 24, 2014.

 

Hridayeshwar Singh Bhati from Jaipur, India, holds a design patent on a 6-player Chess Game. Not impressed? Ok, let’s picture this. He was born in 2002, so he’s only about 12 years old now. Not satisfied yet? Then how about the fact that he has a condition called Duchene Muscular Dystrophy, which has him confined to a wheelchair!

Sinapse Blog finds it extremely rewarding to bring to its Readers, this item of spectacle of a India’s youngest Innovator with many odds mounted against him. We see and salute the innovation here, arguably in its purest form! Hridayeshwar invented this game variant when he was 9 years old and was granted a design patent a year later, in 2012.

Licensing Copyrights in India

The image has the copyright symbol with the text next to it. The post is about licenses. Click on image to view post.

This post was first published on 27th June, 2014.   The owner of the copyrights of any work may grant a license under the Copyright law to authorize a third party to use and distribute the copyrighted work. A copyright license may be exclusive or nonexclusive. The term Exclusive License is defined in section 2(j) of the Copyright Act to mean and include a license which confers on the licensee and the persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright of a work. Although assignments and licenses are both contracts involved with the transfer of rights for...

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Patent Filing Essentials

This post was first published on 17th July, 2014.   When an individual is struck with an idea and an invention follows, it is advisable for them to gain monopoly over the invention's marketing rights via patent protection through relevant authorities. This write up briefly summaries the essentials of patent filing and protection. What is an Invention? An invention is a technological advancement that is not anticipated by publication in any document or used anywhere in the world including the country of the invention, before the date of filing of the patent application i.e., the subject matter of the invention should not have fallen in the public domain nor...

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Case Study – Trademark for Film Titles

The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

  This post was first published on June 27th, 2014.   What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film a suitable title. Titles act as the unique identifier representing their work. So, can titles be protected, and if yes, how...

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Delhi HC Interprets the Date of Grant of Patent

The image depicts the text 'Delhi High Court'

This post was first published on 27th April, 2012.   On request of one of our followers, we have revised the blog post titled, "Delhi HC Interprets the Timeline for Pre-grant Representation of a Patent" posted on 24th April. An important and essential question that came up before this Court in the case of Dr. (Miss) Snehlata Gupte vs Union Of India & Ors. was regarding when a patent is said to be granted under the Patents Act, 1970 (“Act”). In this case, the Court examined petitions having similar issues regarding when the patent was granted by the Controller and whether a...

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