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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 155)

Audi taken for a ride

Delhi based TT Industries, established in 1955, has managed to restrain the famous German auto maker Audi from using the mark “TT” from selling sporting articles, accessories, bags, leather and faux leather goods, or toy cars in India. TT Industries proprietor Rikab Chand Jain, filed a plaint after being aware of, Audi AG using the mark TT, to promote and sell their goods. TT Industries claims to deal in fashion and export textiles, agro-products, ready-made garments, textile piece goods, hosiery items, yarns, edible foods, confectioneries, wind mill, sweets, hand tools, small machineries, cosmetic items, medical products, surgical aids, band aids, electronic...

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Is Statement of Working of Patents For Public Interest?


Working of patents is an integral element of the Indian patent system. In line with the primary objective of patent law, which is to promote the progress of science and technology for public good and economic progress, Indian patent Act specifically mandates working of patents in India. Failing such working, a compulsory license may be granted with respect to a patent , or in the worst case scenario, the patent may be revoked. (See CHAPTER XVI- WORKING OF PATENTS,COMPULSORY LICENCES AND REVOCATION, Patents Act, 1970.) It was reported that a PIL was filed for strict compliance of the requirement to submit working...

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Thomas Edison and his Moving Pictures

  “To invent you need a good imagination and a pile of junk “– This is how Thomas Edison received a patent for the Kinetographic camera, a device for viewing moving pictures without sound. Edison patented this invention on August 1891. The camera was a giant step forward from the kinetoscope, which was not regarded as a significant invention by Thomas Edison. Kinetoscope comes from the Greek words “Kineto” meaning “movement” and “scopos” meaning “to watch”.   The camera was based on photographic principles and used celluloid films indicating the film width to be 35mm and the possibility of using a cylinder for...

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IP, Patents for Start-ups and Entrepreneurs XII-IP Licensing

You have cultivated an IP portfolio for your start up with trademarks, copyrights, patents, know-how, trade secret and designs, what now?  These assets of your organization can be retained through their life and can be used tactically to keep competitors at bay.  However, there are instances where your IP rights could be shared with others in return for compensation.  This is referred known as IP licensing, where if you do an outright sale of the IP asset it is considered an assignment or complete transfer. IP licensing is preferred by many IP owners as there are several advantages over an outright...

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Importance of IP For Start-ups and Entrepreneurs (Part XI): IP Valuation for Start-ups


  Starting up can be exhilarating, rewarding, and exhausting.  With your focus being on product development, managing investments, building key partnerships, and attracting the right employees, your intellectual property and its role can sometimes be relegated to the backburner.   Intangible assets such as Copyrights, Trademarks, Trade Secrets and Patents are playing an increasingly central role in start-ups and their transactions.  The creation of intellectual property, it’s licensing and commercialization is the new reality.  As a part of any valuation by a prospective investor or acquirer of your start-up, an IP due diligence is the starting point.  Based on this reality, it...

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MSF Initiates Legal Action Against ‘Phantom’

After being banned by the Lahore High Court on the ground of ‘filthy propaganda’, it is now MSF’s (Medecins sans Frontieres) turn to draw the sword against ‘Phantom’, the Indian action thriller directed by Kabir Khan, starring Saif Ali Khan and Katrina Kaif. Phantom, which was released on 28th of August, 2015 revolves around the story of an aid worker who helps a disgraced Indian soldier to assassinate Pakistani extremists, who orchestrated the 2008 Mumbai terror attacks. The trailer of the movie portrays Katrina Kaif as an aid worker using arms to fight against terrorists. A report claims that while the name MSF...

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Intellectual Property (IP) in India: A Decade of Progress Part 11

The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

The post below gives statistical information about the progress made by India with respect to Pharmaceutical Patents. The Indian Patents Act amendment of 2005 ushered in a new atmosphere for the Pharmaceutical industry in the country. The amending act of 2005 made the Patents Act, 1970 substantially compliant to the TRIPS agreement signed by India in 1995. This post seeks to provide a statistical analysis of “A Decade of Pharma Patents in India”. The Pharmaceutical industry has perhaps been one of the most steady and significant contributors to Intellectual Property in India, more specifically to the field of Patents. The Pharma industry...

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Importance of IP For Start-ups and Entrepreneurs (Part X): Checklist for Start-ups


  These are some basic questions VCs and Investors ask before investing in a start-up. What is the value of Intellectual Property (IP) for the start-up’s business, revenues and competitive advantage in the market? Is the start up IP driven? How strong is the start-up’s IP portfolio when compared with its competitors? Is the IP ownership clear, and are all link documents in place? Will the IP Portfolio help in retaining revenues, and opening new revenue opportunities? Is the start-up’s IP licensable and sellable? What is the financial value of the start-up’s IP portfolio? Has the start-up protected all forms of IP such as patents, trademarks, copyrights, designs, etc? Does...

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Importance of IP For Start-ups and Entrepreneurs(Part IX): IP Risk Clearance Checklist


Clearing IP Risks is very important before starting a business. A mistake with respect to this can kill a start-up. Some basic IP clearance steps to be taken by all start-ups and entrepreneurs are: Patent Risk Clearance Check if your business idea is the subject of any IP/Patent protection by another person or entity. Perform a patent search to check if any patents cover any aspect of your business. If your business or technology falls within the scope of any patent, perform a risk analysis. Look for strategies to design around, and if no such strategies exist, acquire a license or drop...

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Changalikodan banana variety gets GI Protection

  Glad tidings to all our readers! It is a happy Onam indeed, as Kerela adds another feather to its GI hat. Besides the ‘Palakkadan matta’ rice, ‘Vazhakkulam’ pineapple, ‘Pokkali’ rice, Wayanadan’ scented rice varieties ‘Gandhakasala’ and ‘Jeerakasala’ and Central Travancore jiggery, the ‘Changalikodan’ banana variety has also found a place in the GI list.  The news of Kerela’s famous Nendran banana variety “Changalikodan” getting GI status was made official recently at a public event, by the Thrissur district panchayat president C.C. Sreekumar. Besides the official announcement Mr. Sreekumar also unveiled the GI logo for the beloved variety.   The variety originates from...

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