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The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999

In continuation to our previous post on Well Known marks, in this post we will be discussing the factors that should be taken into consideration while determining the well knownness of a mark. Section 11(6) and Section 11(7) of the Trade Marks Act, 1999 discusses the factors that the Registrar of Trademarks shall take into account while determining the well knownness of a trademark. Section 11(6) provides specific factors for assessing well knownness of a trademark, and Section 11(7) provides specific…
June 30, 2014 Intellectual Property, Trademarks 0Comment 1784Views 1Like
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Reversion of Assignments & Licenses – Part III: Notes on Copyright Amendment, 2012

The Copyright Amendment brought in a few important changes with respect to mode of assignment of works. Not exercising due care with these provisions might result in reversion of rights. Thankfully, some of these changes were all encompassing and not limited only to authors or owners of works for films. Relevant provisions of Section 19 read as follows: "19. Mode of assignment. ... (4) Where the assignee does not exercise the rights assigned to him under any of the other…
June 26, 2014 Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1301Views 0Like
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Assignment & Royalty – Part II: Notes on Copyright Amendment, 2012

One of the primary purposes of the Copyright Amendment in 2012 was to ensure that authors get their well deserved consideration. The focus was primarily on authors, who create works for feature films. Other authors, unfortunately, received little or no attention. After making sure that producers do not take away ownership rights by signing 'work for hire' engagements, the amendment made changes to provisions with respect to assignment in Section 18. The first provision in Section 18, the subject of…
June 25, 2014 Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1226Views 1Like
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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part II

This post was first published on June 25th, 2014.   We reviewed the existing scenario in the entertainment industry with respect to the protection of ideas, in my previous post - how to protect ideas. Before we move on to discuss the tool that can be used to protect original ideas/concepts that are not expressed in a tangible form, let us take a look at the practices followed in the entertainment industry by both the generator and the receiver of ideas.…
June 25, 2014 Copyrights, Intellectual Property, Privacy / Data Protection 0Comment 723Views 1Like
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Selden’s Patent – A Historical Patent for the Automobile Industry

This post was first published on June 20th, 2014. The name that is most often associated with Automobile patents is Henry Ford, in addition to Alexander Winton, Karl Benz, and others. Supposedly, Ford’s first experience with the patent system was not as an “Inventor” but as an “Infringer”, who allegedly infringed a US patent titled “Road Engine” granted to Selden (Patent No. 549160) in 1895. Selden’s patent, with a three-page description, five drawings, and 6 claims, controlled the entire US…
June 20, 2014 Intellectual Property, Patents 0Comment 987Views 0Like
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Invention that Added Flexibility to Our Lives, Literally!

Products made from rubber have come to be a part of our day to day life in the form of automobile tires. It is used for several other applications as well. However, natural rubber becomes solid, cracks in winter and melts in summer. This unstable nature of rubber made lives of rubber product manufacturers difficult. Strong minds, however, don't go down without a fight! It was at this stage that "vulcanization of rubber" was invented by Charles Goodyear. He was awarded a US patent for vulcanized…
June 19, 2014 Intellectual Property, Patents 0Comment 593Views 0Like
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Special 301 Report: Chapter V. Inventive Step & 3(d) – Comprehending Apprehension or Apprehending Comprehension?

Is Section 3(d) an extension of the Inventive Step analysis? The answer to this question can make a difference to the compliance of non-discrimination obligations under the TRIPs Agreement, and so it plays a significant part. Article 27.1 of the TRIPs Agreement reads as follows: Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable…
June 15, 2014 Intellectual Property, Patents 0Comment 540Views 0Like
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The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?

A recent decision from the Delhi High Court (HC) pertaining to the publisher of a weekly magazine, India Today, filing an application for an interim injunction at the Delhi HC so as to restrain Alpha Dealcom from launching a news channel with the name 'Nation Today', stresses the importance of submissions in response to an Examination Report made before the Trademarks Registry. The publisher of India Today argued that the use of the word ‘Today’ infringed its Trademark. The Delhi HC held that,…
June 10, 2014 Intellectual Property, Trademarks 0Comment 582Views 1Like
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You Do Not Have to Move Heaven and Earth to Increase IP Filings

It may not be widely accepted but it is common knowledge that most knowledge-driven companies, sit on their intellectual assets/intellectual property until it's too late. Some may fail to recognize their valuable IP, others may show apathy, and others may not know what to do with the IP that they stumble upon. Even most IP-savvy companies sometimes fall into one of these three types. That being said, when a company does decide to increase its IP revenue, IP filing seldom…
May 1, 2014 Intellectual Property, IP Audits, IP Commercialization/Licensing 0Comment 619Views 0Like
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StartUps and IP: Silver lining for Inventors and Small & Medium Enterprises

Beginning with the inception of an idea through to the development, protection and commercialization of the idea, investments are needed at every step. The huge costs involved in the conversion of an invention to a final product/process, that can be commercialized to yield benefits, appears to be an insurmountable hurdle for several inventors and small to medium scale organizations. The cost for protection of an invention is nearly equal to the cost for developing and solidifying the concept. The recent…
April 16, 2014 Intellectual Property, IP for Start Ups 0Comment 548Views 0Like
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