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‘Gene Sequences’ Not Copyright Worthy!

Emergent Genetics v. Shailendra Shivam The Delhi High Court in the case of Emergent Genetics v. Shailendra Shivam looked into questions surrounding the protection of DNA sequences as copyright and confidential information. In this case, the Plaintiff had alleged that the Defendants had infringed their copyright over hybrid seeds developed by them. The Plaintiff had contended that DNA sequences were analogous to computer programs and could hence be afforded copyright protection. Also, it was their contention that the documentation surrounding…

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Patent Claims x

Happy Feet – Useful Invention

This post was first published on December 23rd, 2011. A 64-year-old Richland woman named Guadalupe Olvera recently received a U.S. patent for her idea on foot-and-toes dryer device that will help those with diabetes and other patients. Guadalupe Olvera said that she was able to obtain the patent because of help and encouragement from teachers at Pasco’s Columbia Basin College, close friends and her faith in God. The patent involved here is United States Patent No. 8065814, titled “Foot drying…

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The image has a "STOP" written in it to depict anti-piracy intentions. The post is about a US District Court decision which stopped a popular download website that was infringing copyright. Click on image to view post.

Online Piracy: A Convenient Crime

This post was first published on March 8th, 2012. Recently a US District Court ordered shut down of the popular file-sharing site www.megaupload.com after the US government accused the site of pocketing more than $175 million by sharing pirated films, books, music and software files. Kim Dotcom, the founder of the site was arrested in New Zealand and his Auckland mansion with a fleet of luxury cars was put on display. The US Government has alleged that…

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This image depicts several figures in a business conference. This post talks about SMEs and their opportunities. Click on the image to read the full post.

The IP Story of Small Enterprises in India

This post was first published on May 22nd, 2012. Value of IP, notional or real, is well recognized in India today. Thanks to the efforts of the government, many people know about patents and processes related to them. After so many training and awareness programs, one would imagine that small enterprises are IP savvy and their house is in order. Unfortunately, that does not seem to be the case in ninety-nine percent of such entities. On taking a…

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The iimage depicts a Tirupathi Laddu

Public Interest or Private Monopoly- The Case of Tirupathi Laddu

This post was first published on August 7th, 2012. In a legal tangle that finally unknotted in late July, the Geographical Indication (GI) of ‘Tirupati Laddu’ has drawn a lot of attention, regards the religious sentiment attached to it. Unlike, Madhubani paintings, Darjeeling Tea or Goa Feni which enjoy the Geographical Indication tag, the roadmap for a GI status to the Prasadam(The ‘Tirupathi Laddu’), the temple being managed by Tirupati Tirumala Devasthanam was not a sweet path to reckon with.…

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This image depicts the Bell Helicopter. This image is relevant because this post talks about the comparison between two companies, the Bell Helicopter and the Eurocopter Group. Click on the image to view full post.

Bell Helicopter v. Eurocopter

  This post was first published on November 2nd, 2012.   Bell Helicopter is an American rotorcraft manufacturer headquartered in Hurst, Texas, near Fort Worth. The company was founded on July 10, 1935 as Bell Aircraft Corporation by Lawrence Dale Bell in Buffalo, New York. The company focused on designing and building of fighter aircraft. The Eurocopter Group is a global helicopter manufacturing and support company. It is the largest in the industry in terms of revenues and turbine helicopter deliveries. The Eurocopter Group was formed in 1992 through the…

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The image depicts traditional medicine.

Informed Prior Art Analysis for Traditional Knowledge Based Inventions

This post was first published on November 26th, 2012. Prior art forms the core of novelty and inventive step analysis and also plays an important role in the assessment of other requirements. For negating novelty, the basic principle is: all elements of an invention must be present in a single prior art, expressly or inherently, supplemented by knowledge of a skilled artisan. For making an invention obvious, a combination of prior art elements that form part of the invention must be…

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The image depicts a display of ads in New York

Trademark Violations in Comparative Advertising

This post was first published on December 2nd, 2012. Comparative Advertising is, as the name suggests, advertising that compares one product or service with another. Comparison is made with the intention of increasing the sales of the advertiser either by suggesting that the advertiser’s product is of the same or better quality to that of the compared product. The aim of such advertisement is to bring to public knowledge an honest comparison of one’s products with those of competitors.  Promotion…

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Trademark Infringement

Choosing the Right IP Name/Business Representation

This post was first published on March 14th, 2013. Name, logo, device or any other form of business representation is generally the first asset created by an entrepreneur. Often entrepreneurs finalize on a name or logo and develop a strong emotional attachment to it. While it is important to be passionate about your business and its representation, every entrepreneur must take the following steps before finalizing on a business representation: a. Ensure that the name or any other representation shortlisted…

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This image depicts the available areas for SMEs with regard to IP. The major areas are Cardiovascular, Antinoplastic and Neurological. The remaining form the grey areas for SMEs. Click on the image to read the full post.

Value of IP for Small and Medium Enterprises

  This post was first published on March 14th, 2013.   Contrary to popular belief in India, Intellectual Property (IP) is neither a boon nor a curse for small and medium enterprises (SMEs). Just like other business tools, it is a tool that can provide business and competitive advantage, provided an SME wishes to gain such an advantage. The wish must obviously be backed by appropriate steps in the right direction, in the light of the SMEs business goals. While the overarching objective…

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