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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 161)

Patent e-filing Amendment

The image depicts the Patent Office at Wadala

India has upgraded Electronic filing facility of patents which was launched 5 years ago. The Indian Patent Office (IPO) first launched the e-filing services for patents in the year 2007 which enabled online filing of new applications for patents. The service is successfully being used by stakeholders. Appreciating the significance, the IPO has further developed the system so as to cover comprehensive e-filing for patents, wherein, in addition to online filing of new applications, subsequent filings have also been integrated. On March 7th 2014, another upgrade was made by the IPO for some more facilities through the e-filing system. The IPO has...

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Fundamentals of IP and Licensing – A Presentation by Dr. Kalyan Kankanala at IIMB

This presentation gives an overview of intellectual property and its various species. It discusses some important types of IP such as patents, copyrights, designs, trademarks, trade secrets and so on, in the light of their relevance to business. Then, the presentation moves onto IP licensing, taking music licensing as an example. The nuances of music licensing are explained during the rest of the presentation. [slideshare id=31794624&doc=funipandlicensing-140301073125-phpapp02] The talk, unfortunately, not a part of this post, is filled with interesting examples and cases, both from courts and experience. This Fun IP presentation has been delivered several times at various forums and we hope...

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Licensing IP – A Presentation by Dr. Kalyan Kankanala

The presentation on IP Licensing by Dr. Kalyan Kankanala at IIMB [slideshare id=31373245&doc=licensingip-140219005238-phpapp01] The presentation on IP Licensing by Dr. Kalyan Kankanala at IIMB, gives an insight into the basics of licensing intellectual property. Beginning with a short introduction to the rights granted by IP, the presentation moves to some types of licenses based on the nature of transaction, field, type etc. Kalyan then delves into the process of licensing and various steps involved in it, by taking patent licensing as an example. Some time is spent on specific aspects in the process such as building a portfolio for licensing, evaluating and valuing...

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Working of the Patent Process: A Presentation

[slideshare id=30739030&doc=patentprocess-140202222148-phpapp01] A patent is a monopolistic right granted by the government for a specific period of time in return for the disclosure of an invention which is in conformance with the patent laws of a country. The protection for the invention is initiated by making a strategy as to how and when a patent application should be filed and this monopolistic right comes to an end 1 year after the payment of the 20th year annuity/maintenance fee. The life cycle of the patent application undergoes similar stages in almost all countries. Filing of an application is followed by its publication, later...

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An Overview of Music Licensing – Part 1

This Image depicts the word art of Petrucci's Music Company. This Image is relevant as the article deals with the Music Licensing. Click on this Image for more Information.

Music licensing means transfer of exclusive or non – exclusive rights to use a piece of music which sometimes may be a complete song, a snippet of a song or an entire album or an entire repertoire for a set period of time, for a fee. Music licensing deals can take several forms, but generally all deals dictate the presence of a licensing fee, an expiration date of the licensing agreement, and terms specifying where and how the licensee can use the licensed music.

These licenses are taken by various commercial entities such as television broadcasting organisations, radio stations, digital platforms, restaurants, bars, discotheques etc. In the olden days, authors, composers and copyright owners collected performing right royalties as a norm for operas and similar stage works; but for shorter works which were often performed publicly, thousands of times a day, at all sorts of entertainment programs around the world, some special method of tracking had to be devised.

In practice, it would be intolerably troublesome and costly, if not wholly impractical, to obtain permission to perform copyrighted music in public, and of course it would be impossible for most copyright-owners to deal adequately with such requests of permission. In order to resolve this problem, formation of collective management organizations was introduced under the Berne and Rome conventions. Collective Management Organizations, in some jurisdictions, are called Performing Right Societies or Copyright Societies. By now, in most countries, performing societies have been established.

Business Value of IP – A Presentation for United Nations Industrial Development Organisation (UNIDO)

This presentation gives an overview of the value of IP for businesses, especially SMEs. The presentation was delivered for the plastics and machine tools industry in Delhi, and has specific examples to suit the said industries. [slideshare id=28587633&doc=businessvalueofip-131124231510-phpapp01]   The presentation can be accessed here By Dr. Kalyan...

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The 3D Effect of Novartis Case on Genetic Inventions

The featured image shows many strips of tablets and a thermometer on a grey background. The post is regarding the trademark dispute between Cadila health care and Sun Pharma . To know more please click here.

The Novartis decision of the Indian Supreme Court rejecting patentability of the cancer drug, Imatinib Masylate in its beta crystalline form (commonly called 'Glivac'), has been commended for its outlook on public interest and access to health. It was infact an important decision for cancer patients as it removes the last possible hurdle to access the drug at one tenth of its cost, which was around Rs. 1, 20, 000/- per month. The main issue in the case revolved around Section 3(d) of the Indian Patents Act, which prohibits patents on new forms of a known substance unless enhanced efficacy...

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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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