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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 155)

Laws of Nature / State of Art Interface

The image depicts an RNA strand

The laws of nature exclusion is one of the basic exceptions to patent eligibility in  many jurisdictions. While the extent of its applicability may vary from country to country, it is recognized as one of the important elements for subject matter enquiry with respect to biology based inventions. Laws of nature include products of nature, natural relationships and natural phenomena, among others. The test that is commonly followed for determining whether an invention falls within the scope of laws of nature or not is the hand of man test. The test  precludes anything that is obtained by human intervention from...

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‘Fair Use’ – Professors versus Publishers

The image displays Fair Use with the aid of clip art.

  This post was first published on   In a recent judgment, A U.S. Court ruled in favor of Georgia State University’s professors’ using excerpts of published works for the purpose of education. The case, primarily rules in favor of the professors and the university on the issue of Copyright Infringement. The case involved Georgia State University on the defending side and three major publishing companies namely, Cambridge University Press, Oxford University Press and SAGE publications as the plaintiffs who had collectively filed around 74 copyright infringement claims against the University. The respected Judge through a 350-page order dealt with each claim individually going into...

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Entertainment Law – Presentation by Nishant Kewalramani

This presentation covers Copyright Amendment Bill 2011, the importance of registering copyright and provides an insight into copyright infringement in the entertainment industry. Please see the document embedded below for more details.   [slideshare id=35151689&doc=91808878-recent-developments-in-entertainment-law-140526235335-phpapp01]   ...

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“Who Owns the Goodwill in a Mark?”- Coin Flips in Favour of the Manufacturer

This image depicts tyres. This post is about how the court answered the question s to who owns the goodwill for a trademark-the seller or the manufacturer in a case. Click on the image to read the full post.

This post was first published on 15th February, 2012.   A trademark associates a considerable amount of goodwill with a product and hence businesses go to great extents to exploit this potential of a trademark and therefore, they strive hard to protect their trademarks. A recent instance where a seller of a product fought with the manufacturer of the product over the ownership of the trademark is the Trans Tyres India Pvt. Ltd. v. Double Coin Holdings Ltd. & Anr. case, which was decided by the Delhi High Court. The question of law decided, in this case, is -- between the seller of...

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Research Institutes and Patent Suits

This post was first published on February 9, 2012. Research centres today are waking up to the revenue potential of their research data and are ready to go to the extent of fighting legal battles to claim, protect and benefit from their intellectual property. One such battle is the lawsuit filed by the Leonard and Madlyn Abramson Family Cancer Research Institute at Pennsylvania against its former scientific director, Dr. Craig B. Thompson (who is currently the President & CEO of Memorial Sloan-Kettering Cancer Center). The lawsuit, which was filed in the United States District Court in Manhattan in December by the...

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Choosing the Right Trademark- How Important is it Anyway?

The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

  First Publication Date: 8th January 2010   How important is it to choose the right trademark and how to choose the apt mark? With more and more courts and decisions focusing on the strength of the mark it definitely becomes quintessential to choose and apply for the right trademark. We don't have to search hard to look for such illustrations where the strength of the mark in some way decided the fate of the case. Fenil in his post titled "Could exclusivity be claimed over the word Imperial for alcohols" very aptly covered the case where it was held that no exclusivity can...

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ECJ Stems “Stem Cell” Patents

This image depicts the technological advancement that is 'stem cell regeneration'. It depicts the harvesting of stem cells in a perti dish and their development into a human organ. But is this miracle patentable? Click on the image to read the full post.

The sticky nature of Biotechnology research has always led to massive debates every time there was path-breaking discovery. It happened with Nucleic acids, amino acids, genetic modifications, transgenic animals and now stem cell research. This has been mainly because of its close and unavoidable link to life. When we came to believe that stem cell therapy for all monstrous ailments is around the corner, the moral police made its presence felt. After the famous WARF patents in US, it is now the turn of University of Bonn in Europe. On 18th of October in the Oliver Brustle v. Green Peace...

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Indian Performing Rights Society v. Eastern Indian Motion Pictures Ltd.

Citation AIR1977 SC1443, (1977)2 SCC820, [1977]3 SCR206 Facts: This is a dispute that broke out in a matter involving rights over Indian literary and music works for which the copyright subsides in India. Parties to the dispute where the Indian performing right society and the cinematograph exhibitors association of India. IPRS incorporated on 23/08/1969 in the state of Maharashtra governed by copyright Act 1957 has the authority for issuing licenses for performance in public of all existing future Indian literary and musical works for which the copyright subsides in India and is a company limited by guarantee for the purpose of granting license...

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