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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 3)

Weekly Copyright News: Changes in Thackeray Biopic, Infringement at New Year’s Events, case against Jennifer Lopez, Mattel Loses Rights to DC Toys and More

Weekly Copyright News Updates - Intellepedia

Film Producers Move High Court against Illayaraja in Copyright War, PPL Moves Bombay High Court Anticipating Copyright Infringement at New Year’s Events, TRAI: No Blackout of Subscribed TV Channels in New Framework, Censor Board Demands Changes in Thackeray Biopic, Spotify Settles $1.6 Billion Infringement Suit, Bar Sued for Copyright-Infringing Karaoke, Wynn Resorts Sues Genting over Hotel Design, Jennifer Lopez Sued for Posting Own Photo, Mattel Loses Licensing Rights to DC Toys, Marvel Signs Merchandising Deals for New Spider-man Movie and China Resumes Commercial Approval for Video Games. COPYRIGHT QUOTE OF THE WEEK “Copyright promotes creativity by proscribing the Right to Copy” -...

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Patentability of Biotech Inventions in USA – Patentable Subject Matter

First Publication Date: 27th December 2010 To be patentable subject matter in USA, an invention should be a process, machine, manufacture or composition of matter or any improvement thereof. There are three judicially created exclusions to patentable subject matter in USA. They are Laws of nature, physical phenomena, and abstract ideas. Biotechnology (Biotech) inventions are considered to be eligible subjects as Compositions of matter or manufactures. The exclusion most relevant for biotech inventions is 'Laws of nature' exclusion. US Courts have consistently held that as per the exclusion anything that naturally exists or is a 'product of nature' is not patentable. The...

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Once an Intermediate, always an Intermediate

First Publication Date: 22nd December 2010 The other day, while I was having a heated discussion with 2 fellow bloggers about the patentability of repurposed drugs i.e. patenting of new use of a known drug, we hit a road block with regard to patent value of an intermediate. The question raised was "Will a newly found first use of an already known intermediate be patentable in India?" I am rephrasing the question for the purpose of this discussion.  “Will the exclusion criterion elaborated in Section 3 (d) of the Indian Patents Act exclude the patentability of the first known use of the intermediate?” Whenever...

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Weekly Trademark News: MakeMyTrip Sues for Infringement, Taiwan Beverage in India, The Bitter Beer Smell of Darts and other news

Indian Trademark Statistics for December (Fourth Week) 2018, GOT Merchandize by Masaba, Fight for the Fallen Trademark, MakeMyTrip Sues for Infringement, Assam’s Rice Wine to be applied for GI Registration and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Every advertisement should be thought of as a contribution to the complex symbol which is brand image”- David Ogilvy INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a slow week. The total number of applications published in the Trademark Journal has decreased by fifteen percent (15%). Similarly, the total number of hearing notices issued...

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Biotechnology and Patent Challenge

This image depicts a DNA strand. The DNA forms the basis of all life forma and conquering it is the challenge for biotechnology. This post is about the patentability of biotech inventions. Click on the image to read the full post.

First Publication Date: 19th December 2010 Since inception patent law is being customized and fine tuned by governments to meet the needs of evolving technologies. Strong basic principles have evolved to cater to the needs of traditional fields of science and technology and they have been working well in promoting progress. However, the basic principles have utterly failed in a number of ways, when it comes to their application to Modern Biotechnology. The unique nature of Modern Biotechnology is the main reason for the failure.Why is Biotechnology Unique? Biotechnology promises more efficacious drugs, medical treatment tailored to the individual patient's biological make-up,...

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Weekly Patent News: Indian Patent Statistics, Interesting inventions, IP seminars, IP counterfeiting, International patent news and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

“Indian patent statistics, Interesting inventions, “Workshop on IP Rights” to be hosted by Maharaja Sayajirao University of Baroda, G.K Law College to organize a National Seminar on IPR, EPO’s first patent publication and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “Owning Intellectual Property is like owning land. You need to keep investing in it again to get a payoff; you can’t simply sit back and collect rent.” – Esther Dyson, a Swiss-born American author, investor and philanthropist. Indian Patent Statistics A total of 832 patent applications have been...

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Decorated Christmas Trees

First Publication Date: 21st December 2010 It is a busy world and a busy life. People are in a hurry to earn their living and achieve some thing in life. During the rush to fulfill their dreams, they hardly find time to catch up with their loved ones and even forget to enjoy life. That is the point where festivals play a significant role. Nowadays festivals are the only occasions during which people reunite with their dear ones and find some time to enjoy regardless of their hectic schedules. One of such a festival - Christmas has come. Christmas is a joyous...

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Validity of Non-compete Covenants in India

This image depicts a gate locked with a chain. This image is relevant because this post talks about the validity of Employee's Non-Compete Covenants in India

First Publication Date: 15th December 2010 Agreements that restrain an employee from working with a competitor or carrying out a competing business are called Non-compete agreements. Such agreements, when reasonable are considered to be valid in countries such as USA and UK. However, under the Indian law Non-compete agreements are valid to a very limited extent because agreements in restraint of trade or employment are void under Section 27 of the Indian Contract Act. The section reads as follows:"27. Agreement in restraint of trade void .– Every agreement by which any one is restrained from exercising a lawful profession, trade or...

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Shielding Patent Attacks – A peek at patent defenses in India

First Publication Date: 11th December 2010 infringement liability. A person falling within the scope of a defense will not be liable for infringement though his product or process is infringing. Some of the defenses to patent infringement recognized under the Indiann Patent Law are:A. Experiment, Research or Education; B. Bolar Exemption; C. Government use; and D. Parallel Imports.A. Experiment, Research or Education Use of a patented invention for experimentation or research is a defense to patent infringement. The provision relating to experiment and research under the Indian law uses expansive language and can be interpreted to have a very broad scope. Economic objectives of the...

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Integrating Secrecy and Exclusivity to gain competitive advantage

First Publication Date: 10th December 2010 Patents protect inventions by granting exclusive rights for a period of twenty years and trade secrets protect any information having business value as long as the information can be maintained secret. Unlike patents, trade secrets need not be registered and will remain valid based on measures taken by the trade secret holder. The subject matter of trade secrets is very broad and a very small portion of that subject matter relating to inventions overlaps with that of patents. What protection should a company opt for with respect to the overlapping subject matter? As propounded by the...

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