BananaIP Counsels Logo

Celebrating 20 Years of IP Excellence

The featured images shows the flying carby terrafugia This post is about a flying car that has been granted a patent in the US. To read more click here.

Ignition, Gear and Lift-off!

The idea for a flying car has now moved a step closer to reality from fantasy. The world's biggest automaker Toyota recently filed a patent application revealing a flying vehicle resembling a hover car or a roadable aircraft. The USPTO has published the patent application disclosed in application no. 14/194,795 on September 3rd, 2015. The patent discloses a vehicle that can be both, flown as a fixed wing aircraft and driven as a land vehicle. The invention titled “stackable wing…
November 27, 2015 Intellectual Property, Patents 0Comment 508Views 0Like
Share

Read more

pharmaceutical patent x

Extension of Waiver for Pharma Patents until 2033 A.D.

After intense negotiations between the United States and the Group of Least-Developed Countries, the World Trade Organization committee on intellectual property rights finally decided to extend a waiver allowing LDCs from applying and enforcing IP rights on pharmaceutical products until 2033. The consensus among the World Trade Organisation (WTO) members over extension of waivers in respect of pharmaceutical patents for the least developed countries (LDCs) is being held as a major breakthrough in the world of pharmaceutical patents. Following the…
November 26, 2015 Intellectual Property, Patents 0Comment 652Views 0Like
Share

Read more

The image depicts the Samsung Logo.

Samsung and Huawei Lose Patent Fight against Unwired Planet

In a recent development in the realm of SEP’s , a US technology firm; Unwired Planet, Inc. has won the first round against electronic giants Samsung and  Huawei over a mobile communication technology said to be essential to the 4G telecommunication system. The interim judgment was passed by the UK Patents Court against as many as 8 parties including Samsung, Huawei, Google and its subsidiaries, and Ericsson earlier this year in July 2015. In March 2014, Unwired Planet brought a…
November 25, 2015 Intellectual Property, Patents 0Comment 584Views 0Like
Share

Read more

Copyright x

Exceptions for Access to the Blind

  Provisions for facilitating access of copyrighted works to the disabled, including blind persons, were introduced in the Indian Copyright Act, 1957 in 2012. Limitations and Exceptions in the Indian Copyright Law can be categorized into two types: Fair Dealing exception for the disabled; and Compulsory License for making works accessible to the disabled. Fair Dealing ((Section 52(zb)) The use of a work for making it accessible to a disabled person is considered as fair dealing under the Indian…
November 25, 2015 Copyrights, Intellectual Property 0Comment 1199Views 0Like
Share

Read more

Intellepedia - IP News Updates

Patent Trolls – Lesson No. 2

In furtherance to my recent post on patent trolls or the Non Practicing Entities (NPEs), I would like to discuss here in this post about how software technology is becoming a treasure trove for patent trolls.  Cloud based business products are one of the major business fields today. Software-oriented platforms such as C (SaaS) providers are primary targets for the patent trolls. General observation indicates that in the area of software patents the patents are much broader. In several instance, patents…
November 25, 2015 Intellectual Property, Patents 0Comment 420Views 0Like
Share

Read more

Trademark Infringement

Pidilite Industries vs. Vilas Nemichand Jain.

This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited…
November 24, 2015 Intellectual Property, Trademarks 0Comment 745Views 0Like
Share

Read more

Trademark Infringement

The Indian Express case

  In October this year, the Bombay High Court passed its decision in the case between The Indian Express Limited and Chandran Prakash Shivhare, the publisher and distributor of a journal called "Indian Express" filed before the Bombay High Court in the year 2010, to seek an injunction against the Defendant, and to restrain them from using  the title ‘Indian Express’. The crux of this case was whether a registered trademark could be infringed by the use of the identical mark which had…
November 24, 2015 Intellectual Property, Trademarks 0Comment 796Views 0Like
Share

Read more

Intellepedia - IP News Updates

Copyright Exceptions for Access to the Blind – Marrakesh Treaty

After several years of continuous effort, the MARRAKESH TREATY TO FACILITATE ACCESS TO PUBLISHED WORKS FOR PERSONS WHO ARE BLIND, VISUALLY IMPAIRED, OR OTHERWISE PRINT DISABLED was adopted in 2013. So far, 9 countries, including India, have ratified the Treaty,  while 2 have acceded to it. The Treaty will come into force when 20 countries ratify it. Background A WHO report estimates that there are more than 285 million blind or visually disabled people in this world. It is estimated…
November 24, 2015 Copyrights, Intellectual Property 0Comment 697Views 0Like
Share

Read more

Intellepedia - IP News Updates

Draft Trademark (Amendment) Rules, 2015: Yay or Nay?

On 19th November, 2015 Draft Trademark (Amendment) Rules, 2015 were issued by the Ministry of Commerce and Industry (MCI). The Rules are intended to amend the current Trademark Rules, 2002 and have proposed a complete revamping of the same. The rules propose the trademark filing fee to be doubled, which means a hundred percent hike in official charges. The Digital India initiative has gone a step further, by discouraging physical filing of Trade Mark applications. The applicants will be required…
November 24, 2015 Intellectual Property, Trademarks 0Comment 465Views 0Like
Share

Read more

business x

Digital License Agreement -Part II

  Licensing of creative content like cinematographic films or sound recording through digital platforms forms an integral part of the entertainment business. This post is in continuation of our previous post about the structure of a Digital Licensing Agreement. In addition to the definitions, grant of license and the consideration clauses in a standard license agreement, the parties must ensure that the following clauses are also included in the Digital License Agreement: Representations and Warranties : It is essential to…
November 24, 2015 Intellectual Property, Media and Entertainment Law 0Comment 595Views 0Like
Share

Read more