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Copyright and Entertainment Laws News

Twitch Bans Gamers for Streaming a Copyrighted Debate, Flipkart Enters the Video Streaming Market, Karigar Store-Latest Addition on the Amazon Website and more

The Information and Broadcasting Ministry is All Set to Monitor Digital Media; US Senate Judiciary Committee approves the Small-Claims Copyright Bill (CASE Act); Twitch Bans Gamers for Streaming a Copyrighted Debate; Flipkart Enters the Video Streaming Market; Facebook to Launch a Dedicated News Section; Karigar Store-Latest Addition on the Amazon Website; Fed-Ex Ends Partnership with Amazon and more. NATIONAL The Information and Broadcasting Ministry is All Set to Monitor Digital Media For the purpose of monitoring the media better, the Information and…
August 9, 2019 Copyrights, e-Commerce Law, Intellectual Property, IP Commercialization/Licensing, Media and Entertainment Law 0Comment 650Views 0Like
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Shamnad Basheer, a Pioneer in the IP World Passes Away

We are  deeply saddened to learn about the untimely demise of Shamnad Basheer, a pioneer in the IP world. We will truly miss him and extend our heartfelt condolences to his family and friends. Shamnad's passing away leaves a void  in Indian Intellectual Property that cannot be easily filled. We will always remember  his contributions to IP law and policy, and will never forget his dedicated efforts towards making medicines accessible. BananaIP pays its tributes to  Shamnad, a noble and…
August 9, 2019 Intellectual Property 0Comment 723Views 0Like
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Patent Invalidation in the US: The Good, the Bad and the Ugly

This post was first published on July 18, 2014.   After studying citations from patents that were invalidated by US Judges, researchers from the London School of Economics commented, "Patent invalidation has a significant impact on cumulative innovation in the fields of computers and communications, electronics and medical instruments (including biotechnology). We find no such effect in fields involving drugs, chemicals or mechanical technologies." Let us now take a look at why this discrepancy exists. What is patent invalidation?…
August 8, 2019 Intellectual Property, Patents 0Comment 876Views 0Like
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Weekly Trademark News

Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other News

  Indian Trademark Statistics for August (First Week), Kodaikanal Hill Garlic Gets GI Tag, Maurizio Collaborates with Filippo, Ola Expands Operations in Australia, Stan Lee Comes to Life: All American Licensing Partners with POW and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “The investment you make into a brand makes its name worth it” - Bernard Kelvin Clive INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a mixed week. The…
August 7, 2019 Intellectual Property, Trademarks 0Comment 754Views 0Like
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CLAIM

Claim Drafting – Transitional Phrases

This post was first published on July 17, 2014.   A transitional phrase is a part of the claim that connects the preamble and the body. The Transitional phrase determines as to whether a claim is “Open” “Partially Open” or “Closed.” Open Claim An Open claim includes additional unrecited elements i.e., if a claim, which is Open, recites elements A, B, C and D, then an article which includes elements A, B, C, D and E…
August 7, 2019 Intellectual Property, Patents 0Comment 2755Views 0Like
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Shouldn’t a Request for Prioritized Examination be Given Priority?

This post was published on September 17, 2014.   All applicants have a desire that their patent applications get prosecuted faster and their patents get a grant on priority, however, such desires are seldom fulfilled. Blame it on the backlog, if you will, and several other reasons for the delay, but patent applicants have to wait more than 3 years to get their patents granted. Empathizing with the concerns of the applicant, several patent offices have devised procedures to expedite…
August 7, 2019 Intellectual Property, Patents 0Comment 594Views 0Like
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Post-dating Patent Applications: Frisk it Before You Risk it!

This post was published on August 08, 2014.   Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today's post, however, unravels the puzzling question of how to claim priority even from a post-dated application! We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches,…
August 6, 2019 Intellectual Property, Patents 0Comment 962Views 0Like
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Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

eCommerce Guidelines for Consumer Protection, 2019 – Draft for Comments

  Government of India has recently published the eCommerce Guidelines for Consumer Protection, 2019, for comments of stakeholders. The guidelines follow the draft FDI policy for eCommerce entities and seek to protect consumer interests. They primarily focus on fraud, unfair trade practices, privacy protection, and transactional controls. They apply to eCommerce entities following the inventory model as well as marketplace model including intermediaries. Both products and services made available through eCommerce platforms are covered. The eCommerce guidelines seek to further tighten the…
August 6, 2019 e-Commerce Law, Intellectual Property 0Comment 684Views 0Like
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CLAIM

Patent Claim Drafting – Preamble

This post was first published on July 16, 2014.   It would have been very well drummed into a patent professional, Mr. X, who has just started drafting a patent specification that “claims form the heart of a patent application,” or the “name of the game is claim,” and so on. Very few might agree with me if Mr. X has been told to carefully consider the words and/or features and/or the language used in the preamble, as…
August 6, 2019 Intellectual Property, Patents 0Comment 1756Views 0Like
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Music Copyright

Court Limits the Scope of ‘Fair Dealing’ under Copyright law

 This post was published on November 18, 2011. The Delhi High Court, in a recent decision, has held that usage of copyrighted works in television programmes such as an interview with the artist does not amount to fair dealing. Indian domestic television Channel India TV was sued by Super Cassettes and Yash Raj Films in two separate suits for infringing their copyrights. The two suits were clubbed since the defendant was the same and the cause of actions…
August 6, 2019 Intellectual Property, Media and Entertainment Law 0Comment 557Views 0Like
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