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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 10)

Credits to “Three Idiots”

The image depicts the a tag with Copyright written on it

First Publication Date: 2nd January 2010 The recent controversy regarding giving credit to Mr. Chetan Bhagat has brought forth the issue of attribution of authors in case of adaptation of a literary work. An author of a work gets two kinds of rights under the copyright law. They are,a. exclusive rights to reproduce, adapt, distribute, make derivative works and so on, which are also called as economic rights; and b. right to paternity (attribution as author) and integrity of the work, which are also called as moral rights. I am assuming from the news reports that appropriate copyright license has been taken by...

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Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

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

First Publication Date: 3rd January 2010 A patent was granted to Valasumani Lathe Works (“VLW”) for an invention titled "IMPROVED THRESHING AND SEPARATING MACHINE". The applicant in the case, Manivannan trading as Kumar Industries, filed an application for revocation of the patent before the Appellate Board. The applicant contended that VLW’s invention was not patentable in the light of the applicant’s patent application relating to a machine for threshing of corn, which was abandoned and the machines of the applicant, which were being used before the application date of VLW. The applicant claimed that the invention was anticipated based on prior...

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Weekly Patent News: Zee’s New Patent may Tantalize all 5 senses, Video Conferencing Introduced by IPO, Nokia and Samsung Join Hands, IP Appellate Court in China and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

“Indian patent statistics, Interesting inventions, Zee Entertainment’s new patent is said to tantalize all 5 senses, IP India introduces a new Video Conferencing System, Nokia and Samsung join hands yet another time by extending their patent licensing agreement, China in talks to form a National Intellectual Property Appellate Court, 6th Annual Advanced International Certificate Course on IP Asset Management for Business Success” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design quote of the Week “I strive for two things in design: simplicity and clarity. Great design is born of those two things.” – Lindon Leader,...

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Joke reported in Times of India

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

First Publication Date: 28th December 2009 Today (Dec 28, 2009), Times of India (TOI), Bangalore, has published a news article relating to patents on the front page. Since the article was related to patents, it caught my attention and I decided to read what the article had to say. After reading the article, I could not help but wonder how minimal is the research that goes into writing an article that gets published on the front page. A simple internet search to understand a few concepts could have resulted in an article of better quality. My interpretation of what the article tries...

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CABINET’S CHRISTMAS GIFT TO CINEMATOGRAPHIC INDUSTRY

The image depicts the a tag with Copyright written on it

First Publication Date: 25th December 2009 The awaited Copyright bill is finally approved by the Cabinet on December 24th and the same will be presented before the parliament during the upcoming budget session in February 2010. The bill is long awaited by the Cinematographic industry as one of the key amendments proposed in the bill is to extend the copyright protection to both director as well as producer as joint authors, earlier the copyright was vested only in the directors of a Cinematographic work. Also the term of protection is suggested to be extending upto 70 years. The cause for the same...

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Could exclusivity be claimed over the word IMPERIAL for alcohols? Read on…….

The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

First Publication Date: 24th December 2009 The plaint was filed by Pernod Ricard S.A. France and Ors. alleging that the defendants’ (Rhizome Distilleries P. Ltd. and Ors.) whisky, Imperial Gold, was an imitation of and was structurally, as well as phonetically, similar to the Plaintiffs reputed trademark IMPERIAL BLUE and the registered trademark IMPERIAL RED. Also, the Defendants were said to have imitated the ROYAL STAG whisky label, in both the front and the rear panels. The whisky label was said to have used the trade dress which was an imitation of the ROYAL STAG trade dress in respect of colour...

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Small business innovative research Initiative (SBIRI) scheme from Department of Biotechnology

The image depicts the cover of the presentation with title of Trade Secrets and Biotechnology by Dr. Kalyan C Kankanala

First Publication Date: 24th December 2009 Department of Biotechnology has introduced a scheme to fund projects of small business innovative research Initiative. The scheme has become immensely popular as almost 56 Successful SBIRI applicants are listed for the scheme as on 26/11/2009. The aim of the scheme is to encourage small and medium scale industries to take up risk in innovative R&D in biotech sector. The intellectual property generated from the Project shall be the joint property of the Industry and DBT (in case of single industry) or whoever (Industries or DBT) contributed for generation of the intellectual property in case of...

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Music Band Agreements

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First Publication Date: 21st December 2009 Some aspects to be considered while drafting a Band Agreements are- the nature of properties that may be accumulated by the Band, during its operation; the types of projects that may be undertaken by the Band; the sharing of incomes realized by the Band as a whole; and the conditions of disbandment or for departure of Band members. A. The Band’s properties While a Band may come to own several forms of properties over the years, the most valuable of these properties would be the intangible properties called, Intellectual Property Rights. A music Band may own and...

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Indian Trademark Statistics (2006 to 2008)

The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

First Publication Date: 15th December 2009 The tables provided hereunder mention the statistics with regard to the number of applications at various stages of prosecution, types of trademarks filed, class wise trademark filings. As it can be seen from Table 1, the number of Trademark filings at the Indian trademark registry has increased. As is evident from Table 2, the maximum numbers of trademarks which are filed for protection are “word marks” followed closely by device marks. As is evident from Table 3, the maximum number of trademark applications is filed under class 5 followed by class 42. (Indian trademark classification) Table 1- Statistics of...

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Trade Secret Case Law Jurisprudence in India- 1

The featured image is a screen grab of the first slide of the presentation titled "Trade Secrets and Information Security". This presentation was delivered by Dr. Kalyan C. Kankanala at CISCO, Bangalore

First Publication Date: 21st December 2009 Trade Secret in India is not protected under any specific law but Indian Courts from time to time have recognized that confidential business information, such as customer lists, details of suppliers, pricing policies, product launch time-schedules, management marketing, know-how, designs, drawings, model, specifications, surface data, notes, improvements, technical information and so on may qualify as trade secrets. The jurisprudence that has developed in relation to trade secrets and confidential information is by way of case laws. In light of this, following and successive posts will be devoted in bringing out the case law jurisprudence relating to...

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