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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 2)

Weekly Trademark News: India Today Defeats its Domain Infringer, National IP Award 2019, Avengers: End Game Merchandize Collection, Mau Saree Filed for GI and Other News

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for April (Fourth Week), ‘SOTY2 x Koovs’ Collection, Nike Files New Trademark, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "A brand is something that has a clear cut identity among consumers, which a company creates by sending out a clear, consistent message over a period of years until it achieves a critical mass of marketing" – Phil Knight INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has had a mixed week. The total number of applications disposed through show cause hearing has increased by ninety six percent...

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Weekly Patent Update: India on USTR Watch List, Delhi High Court Allows Export of Patented Drugs for Research, Pepsi Offers to Settle with Potato Farmers, and more

“Indian Patent Statistics, Interesting Inventions, USTR puts India and ten other countries in its “Priority Watch List”, Delhi High Court allows export of two cancer drugs patented by Bayer, PepsiCo offers settlement to farmers over potato dispute, Department of Justice, USA launches review into a Government patent used to treat HIV, Director General, Francis Gurry’s leaves a message on World IP Day and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. QUOTE OF THE WEEK  “Patents are basically rights to try and develop a commercial product.”– Craig Venter, American biotechnologist and businessman. INDIAN PATENT...

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Making a Mark – Framing Strategy for India

This image depicts the trademark symbol, which consists of the letters T and M in a circle. This post gives important updates in the filed of trademarks. Click on the image to read the full post.

This post was first published on January 20th, 2011. A trademark provides business and competitive advantage through consumer recognition and association of good will. Business advantage can be maximized if fame can be associated with the trademark. A famous trademark allows a company to prevent unauthorized use of the trademark for both related and unrelated businesses. In India, use of a famous trademark for unrelated goods or services is considered infringement. A famous trademark is said to be infringed if a person (a) uses an identical or similar trademark; (b) for unrelated goods or services; and (c) takes unfair advantage or causes...

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India and Right of Publicity

This post was first published on November 13th, 2011.   “Right of Publicity” is a common reference to "Personality rights". It is a right of an individual to control the commercial use of his or her name, image, likeness or identity. It is generally considered a property right as opposed to a personal right. In most of the countries, the Right of Publicity is recognized under statutes. According to John Lock, “the economic value of identity should be allocated to the celebrity individual because the value is primarily the result of the celebrity’s labor”. The unjust enrichment consideration theory treats misappropriation of identity...

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‘Gene Sequences’ Not Copyright Worthy!

Emergent Genetics v. Shailendra Shivam The Delhi High Court in the case of Emergent Genetics v. Shailendra Shivam looked into questions surrounding the protection of DNA sequences as copyright and confidential information. In this case, the Plaintiff had alleged that the Defendants had infringed their copyright over hybrid seeds developed by them. The Plaintiff had contended that DNA sequences were analogous to computer programs and could hence be afforded copyright protection. Also, it was their contention that the documentation surrounding DNA sequences could be protected as confidential information. The Defendants, on the other hand, alleged that the Copyright Act was inapplicable...

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Happy Feet – Useful Invention

This post was first published on December 23rd, 2011. A 64-year-old Richland woman named Guadalupe Olvera recently received a U.S. patent for her idea on foot-and-toes dryer device that will help those with diabetes and other patients. Guadalupe Olvera said that she was able to obtain the patent because of help and encouragement from teachers at Pasco’s Columbia Basin College, close friends and her faith in God. The patent involved here is United States Patent No. 8065814, titled “Foot drying device”, issued by USPTO on 29th November 2011. The invention relates to an improved drying device for human feet, and more particularly...

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Online Piracy: A Convenient Crime

The image has a "STOP" written in it to depict anti-piracy intentions. The post is about a US District Court decision which stopped a popular download website that was infringing copyright. Click on image to view post.

This post was first published on March 8th, 2012. Recently a US District Court ordered shut down of the popular file-sharing site www.megaupload.com after the US government accused the site of pocketing more than $175 million by sharing pirated films, books, music and software files. Kim Dotcom, the founder of the site was arrested in New Zealand and his Auckland mansion with a fleet of luxury cars was put on display. The US Government has alleged that the estimated loss to copyright owners and publishers accounts for more than $500 million. It is a startling fact that a single website could generate...

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The IP Story of Small Enterprises in India

This image depicts several figures in a business conference. This post talks about SMEs and their opportunities. Click on the image to read the full post.

This post was first published on May 22nd, 2012. Value of IP, notional or real, is well recognized in India today. Thanks to the efforts of the government, many people know about patents and processes related to them. After so many training and awareness programs, one would imagine that small enterprises are IP savvy and their house is in order. Unfortunately, that does not seem to be the case in ninety-nine percent of such entities. On taking a quick peek at these companies, any IP professional with the ordinary understanding of business will note that awareness of IP is limited to patents...

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Public Interest or Private Monopoly- The Case of Tirupathi Laddu

The iimage depicts a Tirupathi Laddu

This post was first published on August 7th, 2012. In a legal tangle that finally unknotted in late July, the Geographical Indication (GI) of ‘Tirupati Laddu’ has drawn a lot of attention, regards the religious sentiment attached to it. Unlike, Madhubani paintings, Darjeeling Tea or Goa Feni which enjoy the Geographical Indication tag, the roadmap for a GI status to the Prasadam(The ‘Tirupathi Laddu’), the temple being managed by Tirupati Tirumala Devasthanam was not a sweet path to reckon with. Be it the description of J Mohanraj, the then General Secretary of Jebamani Janata Party, who within weeks of granting the GI...

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Informed Prior Art Analysis for Traditional Knowledge Based Inventions

The image depicts traditional medicine.

This post was first published on November 26th, 2012. Prior art forms the core of novelty and inventive step analysis and also plays an important role in the assessment of other requirements. For negating novelty, the basic principle is: all elements of an invention must be present in a single prior art, expressly or inherently, supplemented by knowledge of a skilled artisan. For making an invention obvious, a combination of prior art elements that form part of the invention must be obvious to a person skilled in the art. The role of prior art is quite straight forward, it must directly,...

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