27 July 2019

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Trans-border Reputation of Well Known Marks – Part IV

This post was first published on 7th July, 2014. Spillover reputation of trademarks is a subject matter of endless legal tussles. Indian Courts and Tribunals frequently deal with cases related to foreign entities challenging honest and bona fide use of a similar mark by Indian entities even in situations where such foreign entities are not using their marks in India. In this post, we will discuss the concept of Transborder reputation. To claim Transborder reputation for a mark in India, the mark must be well known in at least one other country, but preferably several other countries. In addition to this, a substantial...

27 July 2019

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Hey Funny Guy, Made of Flakes from the Sky!

Posted by BananaIP Reporter

in Intellectual Property

The image is of a snowman. The post is about UPSTO granting a patent regarding constructing snowman. Click on image to view post.

This post was first published on 27th September, 2011. USPTO has granted a patent for building snowmen/women just before the arrival of winter. As most of the people across the world stand at the dawn of winter arrival, waiting for snowfall, Ignacio Marc Asperas has already received his early Christmas gift. Ignacio received a patent (US8011991B2) on 06 Sep 2011 for his invention titled “Apparatus for facilitating the construction of a snow man/woman” which was filed back in 2006. The invention discloses methods for creating the spherical shape of the body, rolling symmetrical snow balls, building arms, snow shoulders, uneven boulders that...

26 July 2019

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Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image is a picture of Quintin Tarantino. The post is about a copyright claim by him. Click on image to view post.

This post was first published on 17th May, 2014. "No", says a federal judge in California, dismissing Hollywood's star director, Quentin Tarantino’s claim against Gawker Media, LLC. Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight". Tarantino, a multiple Oscar winning/nominated writer-director, discovered that his copyright protected script was leaked. Gawker, on its website, reported the leaked Tarantino’s script in an article, the gist of it being that The Hateful Eight was leaked and that Quentin Tarantino had decided...

26 July 2019

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Permission to File a Patent Application Outside India

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 16th July, 2014. This piece of writing tries to convey an important requirement under the Indian Patent law for an applicant residing in India who wishes to file patent applications outside India, directly. Any inventor or applicant is free to seek protection anywhere in the world. At times priority is given to a foreign country over India when there is less or no market potential to the invention in India or when the invention falls within the non-patentable subject matter in India. In India this privilege is not absolute, because it is necessary for any resident of India...

26 July 2019

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Restricting ‘Pay-for-Delay’ Agreements

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 6th August, 2014. A total of more than 420 million Euros was imposed recently as fine by the European Competition Commission on five major Pharma companies for entering into ‘Pay-for-delay’ agreements with Generic companies. These fines and related measures were imposed to restrict the drug majors from entering into these non-competitive kind of deals to maximize their commercial gains. Of the five, the drug maker, Servier has been fined 331 million Euros for the anti-hypertensive drug Coversyl (perindopril). The other companies included are Teva Pharmaceuticals, Lupin, Mylan, Krka and Unichem Laboratories. The restriction on the pay-for-delay...

26 July 2019

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Why Don’t You Want to be an IP Attorney? – Five Reasons

Posted by BananaIP Reporter

in Intellectual Property

This post was first published on June 12, 2012. IP profession is fun and enjoyable for many reasons. However, there are some reasons that sometimes bog you down. a. Scary Deadlines Scary deadlines are first in that list. Every IP action is linked with a deadline and more often than not missing these deadlines is fatal. For people, who believe in Indian Stretchable Timings, these deadlines can be killing and nerve wracking. b. Dealing with IP Office Despite the increased transparency and friendly IP officers, dealing with the office can many a times be frustrating. Long lines and perpetuating timelines can de-motivate the most patient...

26 July 2019

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Copyright Assignment & Licenses – Part II

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

The image has a huge copyright sign at the center of it. The post is about copyright assignment. Click on image to view post.

This post was first published on 26th June, 2014. This post is in continuation of my earlier post regarding the meaning and principles behind copyright assignments in India. In this post, we will be specifically addressing the factors that should be taken into account while preparing an Assignment Deed and License Agreement. Section 19 of the Copyright Act, 1957 as amended in 2012, lists certain exhaustive factors that should be taken into consideration by the parties involved, while preparing an Assignment Deed. An analysis of the factors provided in Section 19 and relevant case laws may be summarized as follows: a) Although assignments and...

26 July 2019

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Wacky Patents 4 – Mode-Enhanced Hindustani Music

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts musical notes. This image is relevant as the article is about Mode enhanced Hindustani Music. Click on the image for more information.

This post was first published on 19th December, 2014. It’s a musical world. From the pitter patter of raindrops to pulsating headaches, there is music everywhere. In many languages, voice modulation and tone become part of communication. Ever wondered if a method of creating music could be patented? Well, that’s exactly what Wacky Patent 4, Mode enhanced Hindustani Music is about. US Patent Application No. 10/082,777 filed in February, 2002 by two inventors of Indian Origin, Prabhakar Prahlad Jamkhedkar and Prashant Prabhakar Jamkhedkar, was granted Patent No. 6,750,387 in June, 2004. Now, on that note (pun intended), let's see what this patent is all about! Music is...

26 July 2019

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Flavour Marks – Can They Become a Reality?

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

This image depicts a pizza, as the post is about trademarking flavours. Click on the image to read the full post.

This post was first published on 26th November, 2014. Here is the next post in the series of Student Blog Contest. This post is authored by Amrita Vasudevan. Every city has its food treasures and eating haunts, and Bangalore, for example, has Shivaji Military Hotel's Donne Biryani or CTR's Benne Masala Dose, both of which have quite the fan following. Eating joints like these often become landmarks, and a ‘must visit’ for tourists. We often associate a particular taste or flavour with an eating joint, a sort of trademark of that business. But can we then register and protect the flavour as one? Flavour marks,...

26 July 2019

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Section 3(ka): A Decision on a Patent Application Related to Mathematical Methods

Posted by BananaIP Reporter

in Intellectual Property, Patents

The image is of a classroom with students. The post is about copyright over notes. Click on image to view post.

This post was first published on Aug 6th, 2013. The IPAB (Intellectual Property Apellate Board) issued an order regarding patentability of a patent application which claimed a specific application of a mathematical method. 3624/DELNP/2005 was filed as a National Phase application by Electronic Navigation Research Institute, Japan at the Delhi Patent Office in August 17, 2005 . The patent application relates to a system for analyzing a time series signal by a method based on Chaos Theory and calculating a chaos theoretical exponent value (CTEV) thereof. The patent application claims an application of the method disclosed in the description for analyzing a...

Author: BananaIP Reporter

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