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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 13)

Outsourcing, In-Sourcing and Intellectual Property

This image depicts a cluster of words related to intellectual property. This image is relevant because this post talks about outsourcing and insourcing of intellectual property. Click on the image to view full post.

This post was first published on November 03, 2014.


An article published in The Hindu on October 24, 2014, talks about the silent in-sourcing movement in Multi-National Companies. Organisations such as General Motors, focussing on in-sourcing IT operations during the last three years, and Astra Zeneca, setting up a captive unit in Chennai to move a large portion of global IT operations, have been cited in the news report as examples to highlight the growing in-sourcing phenomenon. One of the reasons cited in the article for such a trend is to safeguard high value Intellectual Property of the in-sourcing companies. Taking the statement at face value and assuming that there is IP at stake in out-sourcing the same, could there be anything with respect to IP, that might be encouraging this trend?

Though the decreasing trust of foreign companies in the Indian IP system might be a reason, on the face of it, it is remote and extrapolated. Besides, the level of confidence in a country’s IP system is a subjective determination, largely influenced by a company’s, or a sector’s, business interests. So, I am consciously staying away from taking this path.

Wacky Patents 1 – Method of Presenting Beer

The image depicts a Bottle of beer being poured into a Glass. This image is relevant as the post deals with patent issues for the style of presenting beer. Click on the image for more information

This post was first published on November 12, 2014.


There is nothing more refreshing than a pint of chilled beer and a hearty chat with friends after a generally lousy week. But beware! You may be infringing a patent while sipping down the chilled “barley juice”. Here is why – Below is the description of a patent granted for the “Method of Presenting Beer” which is our Wacky Patent No. 1.

US Patent No. 8,240,155 B2 relates to a Method of Presenting Beer. Filed in August, 2007, the patent was granted in August, 2012, which means that the patent is still in force. Here is how the invention actually works. The problem sought to be solved by this invention is regarding beer being served chilled. Beer is normally served at a temperature above zero degrees since chilling beer to near zero degree results in loss of flavor. So the inventor, Kevin Dale, came up with this invention to serve beer chilled at near zero temperature without compromising on taste.

Wacky Patents 3: Earth Orbital Bombs as Nuclear Deterrents

This image depicts a nuclear explosion which looks like a Mushroom creating a shockwave over a specified area. This image is relevant as the article deals with Earth Orbital bombs as Nuclear Deterrents. Click on the image for more information

This post was first published on December 05, 2014.


The world is facing a lot of problems like energy crisis, border disputes, international security issues and the deadliest of all, the Nuke! The world is trying to combat these issues, both individually and collectively, and yet is unable to come up with a comprehensive solution. But Arthur Paul Pedrick came up with a one-stop shop for all global concerns with his invention titled, Earth Orbital bombs as Nuclear Deterrents.

The patent specification starts off with a philanthropic note saying that the invention is concerned with the means for meeting the world’s so-called “energy-crisis”. But then speaks of what the invention is actually about, when the specification discloses that, in particular, the invention deals with “…the provision of a system of orbital nuclear bombs whereby distrust between nations may be removed to the extent that they can release the deuterium and tritium in their stored nuclear bombs to allow it to be used for peaceful purposes i.e., more particularly for the generation of electricity…”

It is Fair and Enabling – Data Mining from JNU Depot

Author: Dr. Kalyan C. Kankanala Data Mining in today's context is not limited to collection, organisation, management, searching and displaying of relevant data, it means much more than that, and includes creation of information, knowledge and intelligence from data sets, among others. At a basic level, data mining involves extraction of data, which is mostly done by using data mining software, applications or tools, and analysing the extracted data for a defined purpose. The data sets extracted may be further used by humans or machines for different purposes ranging from understanding trends and relations to training and developing artificial intelligence. Data and...

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From China with Love: The Xiaomi Story

This image depicts a brand new MI 3 Phone which is a product of Xiaomi. This image is relevant as this article is all about the entry of Xiaomi into the Indian Market. Click on this image for more information

This post was first published on December 19, 2014.


Just a few months ago, this particular cellular company took the market by storm and made its stand in the 3rd rank of the world’s cellular companies. It not only pleased consumers, but also gave tough competition to leading brands in the market. As a matter fact, the phones sold like hot cakes within minutes of its release on one of the biggest online shopping destinations, Flipkart. More recently, the company got into a patent spat, the first of them, with another biggie, Ericsson. Even more recently, the ban was partially lifted.

Xiaomi is the name that jumps to mind immediately. This phone gained all the stardom due to its amazing specifications. It did not provide any specification out of the box when compared to its competitive brands but what it did provide was all the highly featured specifications which the leading brands sell for very high cost. Xiaomi sold the same specifications for half the cost. This low cost phone with high end specifications was then known to be a “Chinese iPhone”. Xiaomi, having moved out of China, has made its stand in seven countries in Asia and is on track to sell 60 million smartphones this coming year.

Understanding Trademark Registration Procedures in the Maldives

This image reads Trademark. This post is about interesting development in Trademark law. Click on the image to read the full post.

This post was first published on October 15, 2014.


The Intellectual Property Regime in the Republic of Maldives, the smallest Asian country in population and in area, is an interesting study. In order to comply with the TRIPS Agreement, the Maldives Government (referred to as GOM) enacted the Copyright Law in April, 2011, and thereafter spread public awareness of Copyright Law through TV and radio programs, Government announcements, school events and meetings with relevant media and entertainment sector associations.

It is important to note that GOM does not have any specific legal infrastructure to protect Trademarks. However, GOM is currently working on bills regarding Trademarks and Geographical Indication, with the assistance of WIPO. GOM recently established an IPR unit within the Ministry of Economic Development, but has not yet signed international agreements or conventions on Intellectual Property Rights.

eCommerce and Licensing News: Govt Relaxes FDI Norms for Single Brand Retail, Ali Express Opens Brick and Mortar Store in Spain, Google Launches Video Game Streaming, and more

Govt to Make E-commerce Guidelines Mandatory, Govt Relaxes FDI Norms for Single-Brand Retail, Ali Express Opens Brick and Mortar Store in Spain, Flipkart Inks Management Deal with Nautica, Google Launches Video Game Streaming Service, Hasbro to Acquire EOne for USD 4 Billion, Disney’s Aladdin and Lion King Video Games to be Upgraded, and more. E-Commerce Law News   Govt to Make E-commerce Guidelines Mandatory Ram Vilas Paswan, the minister for consumer affairs, has recently confirmed that in order to protect the interest of the consumers, the new Draft Guidelines for e-Commerce firms will be made mandatory under the new Consumer Protection Act and stringent...

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Weekly Entertainment Law News: TikTok in Content Ownership Controversy, Musician Sues “Baby Shark” Producers, and more

Another Content Ownership Controversy for TikTok, Copyright Office: No License Required for Use of Songs in Marriages, Musician Sues “Baby Shark” Producers for Copyright Infringement, Producer Sues Drake for Copyright Infringement of Beats, RIAA Refuses to Share “Six-Strikes” Results with Cox, Eminem’s Publisher Sues Spotify for Copyright Infringement, and more. National News Another Content Ownership Controversy for TikTok Online video-sharing platform TikTok has found itself in the middle of a content ownership controversy yet again. TikTok had sent takedown notices to social networking platform ShareChat, asking ShareChat to remove content in which TikTok claimed copyright ownership.  However, ShareChat has sent   a letter to...

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IP, Privacy and Antitrust This Week: Publishers Sue Audible, Google Ends Mobile Network Insights, Qualcomm to Keep “No License, No Chip” Policy, and more

Publishers Sue Audible over New Speech to Text Feature, Facebook Wins Appeal Against German Anti-Trust Order, Google Ends Mobile Network Insights for Telecom Operators, TikTok Warns Against Predators, CCI Orders Probe into Intel’s Warranty Policies in India, Qualcomm Wins Stay Order to Keep “No License, No Chip” Policy, and more. Publishers Sue Audible over New Speech to Text Feature Major publishers have jointly filed a copyright infringement suit in a New York Court against Amazon’s audio book company, Audible. They claim that Audible’s new Text-to-Speech feature called Audible Captions, is in clear violation of copyright law. The feature uses artificial intelligence...

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Weekly Trademark News Bulletin: Titan Wins Counterfeit Battle, 5 Mizo Shawls Gets GI Tag, PUMA Sprints for Dutee Chand and Other News

Weekly Trademark News

Trademark News Headlines: Haldiram’s Acquires 100 Crore Franchise, Tom Brady’s Trademark Denied Registration, Miniso Enters Marvel Galaxy, 5 Mizo Shawls Gets GI Tag and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES TITAN Wins Counterfeit Battle Titan Company Limited filed a trademark infringement suit against counterfeit sellers, and Snapdeal, an online e-commerce player, alleging the sale of counterfeit/infringing Fastrack branded watches on their website. It is also alleged that Snapdeal did not take down various listings despite being notified by Titan. The Delhi High Court passed an ex-parte ad-interim injunction restraining the sellers from marketing, selling...

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