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Intellectual Property

BananaIP Counsels > Intellectual Property

Inamed Vs Lubomyr Kuzmak, 249 F.3d 1356 (Fed. Cir. 2001)

The featured image show Physicians perform laparoscopic stomach surgery. The post is about Inamed Vs Lubomyr Kuzmak

First Publication Date: 24th July 2008 Case Facts Inamed Corporation was a licensee of Dr. Kuzmak as Dr. Kuzmak had four patents covering   devices and methods for surgical treatment of obesity. The patent in question was directed to a method for performing gastric banding surgery using a calibration tube and electronic sensor apparatus. In 1998, Inamed tried to re negotiate the terms of the license and when the renegotiation failed Inamed terminated the contract on December 6, 1998. Dr Kuzmak sent a letter dated December 21, 1998 to Inamed asserting that Inamed was infringing atleast 3 out of the 4 patents. Inamed...

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Gramophone Company of India Ltd. vs. Birendra Bahadur Pandey and Ors., 1984 AIR 667

The featured image show Supreme Court of India. The post is about Gramophone Company of India Ltd.

First Publication Date: 24th July 2008 CASE FACTS: Gramophone Company of India Limited is the owner of copyright in the recordings of performing artists to whom it pays royalties. The company learnt of the arrival of a consignment of pirated copies of these recordings at Calcutta. The same were being transported from Singapore to Nepal through India. Action was initiated against the consignee for violation of Gramophone India’s copyright. CASE HISTORY: Gramophone India sought action from the Registrar of Copyrights to curb the circulation/import of the pirated recordings. When the Registrar failed to take necessary action, the company filed a writ petition, seeking a...

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Rosaire v. Baroid Sales, 218 F.2d 72 (1955)

The featured image show a pump jack used to mechanically lift liquid out of the well. The post is about Rosaire v. Baroid Sales

First Publication date: 26th July 2008 Issue Does the earlier experiment by Gulf Corp. invalidate the patents of Rosaire as the inventions were known or used? Holding Yes, as the earlier experiments constituted prior knowledge and use according to Sec 102 (a), they invalidated the patents. Rule 102 (a) Facts Rosaire and Horvitz patents relate to the methods of prospecting for oil or other hydrocarbons. The methods claimed involve the steps of taking a number of samples of soil from formations which are not themselves productive of hydrocarbons, either over a horizontal area or a vertical down. Rosaire alleged that Baroid was infringing its patent. Baroid claimed invalidity...

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Weekly Trademark News: Montblanc’s Trademark Battle Against Counterfeiters, Tesla to Teslaquila, Exclusive Harry Potter Collection by ONLY and other news

Indian Trademark Statistics for October (Third Week) 2018, Timex Group to Launch Ted Baker Watches, Dunhill Scores for Fashion, Malawi Joins Madrid Protocol, Seeraga Samba Rice Applied for GI, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “The purpose of your brand is to represent your purpose"– Michael Kauly INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office have had a slow week. The total number of the applications disposed through show cause hearings has decreased by twelve percent (12%). Similarly, the total applications published in the trademark journal has decreased by thirty-nine...

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The importance of Intellectual Property for Entrepreneurs – A short talk with Dr. Sudhir Borgonha

The image depicts the word startup in the background with a silhouette of a man jumping, as the post is about startups and Intellectual Property for Entrepreneurs.

First Publication Date: 1st May 2008 Dr. Sudhir is a graduate from St. John’s Medical College and Sloan School of Management, MIT. He has been on the founding team of three life sciences companies which include Angstrom Medica, Massachusetts, a nanotechnology based orthopedics application Company; Triesta Sciences, California, a genomics based cancer research organization and ClinTest International, Michigan. He currently serves as a CEO of ClinTest International and also runs Sandbox, a life Sciences Incubator. Q1. What is the value of IP for entrepreneurs in knowledge driven sectors? IP for entrepreneurs is of tremendous value. Knowledge driven sectors are essentially that -...

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Trademark Registration in India

the image depicts a number of registered trademark symbols with the word trademark as the post is about Trademark Registration in India.

First Publication Date: 8th April 2008 Note: The Trademark process outlines in this post has changed owing to changes in law. It may be noted that the post provides details of the trademark registration process as it existed 10 years back, and maybe useful for research/educational purposes. Registration of a trademark is not compulsory. However, registered trademarks have additional benefits when compared to unregistered trademarks. Registration of trademarks allows the Owner of the trademarks to file infringement suits for violation of his rights whereas the unregistered user has to search remedies in common law. What is the procedure for registration? The procedure for registration...

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GNU Lesser General Public License Version 3

The image depicts the GPL logo. The post discusses a GNU Lesser General Public License. Click here to read the post.

First Publication Date: 25th March 2008 Introduction The Lesser General Public License("LGPL") is a license used by the Free Software Foundation for software libraries. The license governs all open source software libraries of Free Software Foundation and many others who choose to use it. LGPL defines terms and conditions for copying, modification and distribution of software libraries. Version 3 of LGPL incorporates all provisions of the General Public License ("GPL") and lays down certain additional permissions for software libraries. Rights A software library governed by version 3 of LGPL is also governed by GPL. Under GPL, a person gets the right to copy, run...

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Mozilla Public License Version 1.1

The image depicts mozilla firefox as the post is about Mozilla Public License

First Publication Date: 10th February 2008 The Mozilla Public License (MPL), is a license developed by Netscape Communications. Most of its provisions are same as the Netscape Public License. The license is considered to be a middle ground between the General Public and BSD licenses. Rights granted under the license Any software distributed under MPL grants both copyrights and patent rights to the recipient. The license grants the following copyrights over the software: Right to use; Right to reproduce; Right to modify; Right to display; Right to perform; Right to sublicense; and the Right to distribute.The license also grants the following patent rights over the software: Right to make; Right to use; Right...

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The GNU General Public License

The image depicts the GPL logo. The post discusses a GNU Lesser General Public License. Click here to read the post.

First Publication Date: 4th February 2008 The GNU General Public License ("GPL") is one of the most popular open source licenses. All software released by the Free Software Foundation and many other authors, are governed by this license. GPL provides the freedom to share and modify software under certain conditions. Copy, Run and Distribute GPL allows a person to copy, run and distribute the software governed by it. A person is allowed to distribute verbatim copies of the software, commercially or non-commercially, under the following conditions: Source code is made available in any medium; A copy of GPL accompanies the software; A copyright...

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Trade Secrets Basics

The image depicts Colonel Sanders, founder of KFC. This is to direct the reader's notice to the fact that the KFC ingredients constitute trade secrets

First Publication Date: 4th February 2008 What is a trade secret? Trade secret is any information that has independent economic value because of not being known to others and for which reasonable measures have been taken to protect it as a secret. A secret is a trade secret only if it has legal sanctity. Terms like 'confidential information', 'proprietary information', 'undisclosed information' and trade secret have the same meaning from legal perspective. What is a reasonable measure? A measure to protect secrecy of information is considered to be reasonable, if it gives notice about the secret nature of the information and has legal sanctity....

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