28 July 2019

Sticky

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...

28 July 2019

0 Cmnts

Sticky

Idea Expression Dichotomy

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

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...

28 July 2019

0 Cmnts

Sticky

Grounds for Refusal of Trademark Registration – Part III

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

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...

27 July 2019

1 Cmnt

Sticky

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

Posted by BananaIP Reporter

in Intellectual Property, Patents

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.

27 July 2019

1 Cmnt

Sticky

Licensing Copyrights in India

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

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...

27 July 2019

0 Cmnts

Sticky

Patent Filing Essentials

Posted by BananaIP Reporter

in Intellectual Property, Patents

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...

27 July 2019

0 Cmnts

Sticky

Case Study – Trademark for Film Titles

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

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...

27 July 2019

0 Cmnts

Sticky

Delhi HC Interprets the Date of Grant of Patent

Posted by BananaIP Reporter

in Intellectual Property, Patents

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...

27 July 2019

0 Cmnts

Sticky

Version Recordings & Cover Versions – Part IV: Notes on Copyright Amendment, 2012

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

This post was first published on 27th June, 2014. The Copyright Amendment of 2012 moved the provisions with respect to cover versions of sound recordings out of fair dealing provisions under Section 52, into a specific statutory license provision. Making version recordings, re-recording of prior sound recordings, was earlier permitted under the Copyright Law, but codifying it as a statutory license provision formalizes the said activity in many ways. Furthermore, Section 31C, which deals with statutory licenses for cover versions clearly spells out specific conditions and limitations for making version recordings. The Section reads as follows: "31C. Statutory licence for cover versions. (1) Any...

27 July 2019

0 Cmnts

Sticky

Trademark Registration process – Part II

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

This post was first published on 7th July, 2014. In continuation to my previous post, this post is with regard to trademark search and classification of different classes. A trademark search is required to be conducted prior to filing for registration of the mark. The purpose of conducting a trademark search is twofold: To understand and analyze the registrability of a trademark: The results yielded by a trademark search are used to understand the probability of registration of a particular trademark. The presence of a higher number of potentially conflicting marks indicates that there is a higher chance of receiving objections for...

Author: BananaIP Reporter

SOME OF OUR CLIENTS