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Indian Patent Statistics, Interesting inventions, IP counterfeiting, International patent news and more

“Indian patent statistics, Interesting inventions, “Workshop on IP Rights” to be hosted by Maharaja Sayajirao University of Baroda, G.K Law College to organize a National Seminar on IPR, EPO’s first patent publication and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “Owning Intellectual Property is like owning land. You need to keep investing in it again to get a payoff; you can’t simply sit…

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Decorated Christmas Trees

First Publication Date: 21st December 2010. It is a busy world and a busy life. People are in a hurry to earn their living and achieve some thing in life. During the rush to fulfill their dreams, they hardly find time to catch up with their loved ones and even forget to enjoy life. That is the point where festivals play a significant role. Nowadays festivals are the only occasions during which people reunite with their dear ones and find…

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This image depicts a gate locked with a chain. This image is relevant because this post talks about the validity of Employee's Non-Compete Covenants in India

Validity of Non-Compete Covenants in India

First Publication Date: 15th December 2010 Agreements that restrain an employee from working with a competitor or carrying out a competing business are called Non-compete agreements. Such agreements, when reasonable are considered to be valid in countries such as USA and UK. However, under the Indian law Non-compete agreements are valid to a very limited extent because agreements in restraint of trade or employment are void under Section 27 of the Indian Contract Act. The section reads as follows:"27. Agreement in…

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Shielding Patent Attacks – A Peek at Patent Defenses in India

First Publication Date: 11th December 2010. A person falling within the scope of a defense will not be liable for infringement though his product or process is infringing. Some of the defenses to patent infringement recognized under the Indiann Patent Law are:A. Experiment, Research or Education; B. Bolar Exemption; C. Government use; and D. Parallel Imports. A. Experiment, Research or Education Use of a patented invention for experimentation or research is a defense to patent infringement. The provision relating to experiment and research under the Indian…

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Integrating Secrecy and Exclusivity to Gain Competitive Advantage

First Publication Date: 10th December 2010. Patents protect inventions by granting exclusive rights for a period of twenty years and trade secrets protect any information having business value as long as the information can be maintained secret. Unlike patents, trade secrets need not be registered and will remain valid based on measures taken by the trade secret holder. The subject matter of trade secrets is very broad and a very small portion of that subject matter relating to inventions overlaps with…

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Negotiating License Agreements

  First Publication Date: 9th December 2010   This is in furtherance of my post on drafting patent licenses. The final deal in a license transaction depends on how well a person can negotiate and not on what is fair. "You get what you bargain for and not necessarily what is fair." Therefore, preparation for a license negotiation and negotiation skills play an important role in the final outcome. The first step towards preparing for a license negotiation is patent strength evaluation. A Licensor…

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Weekly Copyright News Updates - Intellepedia

Ilaiyaraaja’s Royalty Claim, copyright infringement by T-Pain, Motorola Adds Copyright Infringement, Viacom 18 new series with Gates Foundation and more

Court Summons Ronnie Screwvala for Copyright Violation, Artistes Seek Clarity on Ilaiyaraaja’s Royalty Claims, T-Pain’s Song off YouTube After Infringement Claims, Alfonso Ribeiro Sues Fortnite for Stealing the 'Carlton' Dance, Motorola Adds Copyright Infringement Claim to Suit Against Hytera, Petition Against EU Article 13 Gets 4 Million Signatures, CJ ENM Becomes Warner Brothers’ Exclusive Licensing Agent in Korea, Viacom18 to Launch Series on Sanitation with Gates Foundation. COPYRIGHT QUOTE OF THE WEEK "We have a massive system to regulate creativity. A…

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A Conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010.   Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed…

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Drafting Valid Patent Licenses

First Publication Date: 8th December 2010 The clauses in a license agreement vary based on the nature of the patented invention. Each technology has certain unique characteristics and applications, which influence license drafting. Some of the basic clauses that go into every license agreement are as follows:This post is in furtherance of the post "Sensing Licensing Opportunities". A license is an authorization given by the patent holder to exercise the exclusive rights granted by the patent. It permits the person…

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Weekly TM News Updates

Nike’s Win, Oyo to Expand to UK, Oxford University in Trademark Dilemma, and other news

Indian Trademark Statistics for December (Third Week) 2018, Hakuna Matata is Disney’s?, Playboy for Your Feet, Oyo Rooms to Expand to UK, Bihar’s Silao Khaja Obtains GI Registration and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “The future of branding is marketing with people, not at them” - John Morgan INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a slow week. The total number of the show cause hearings issued…

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