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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 4)

Negotiating License Agreements

First Publication Date: 9th December 2010 This is in furtherance of my post on drafting patent licenses. The final deal in a license transaction depends on how well a person can negotiate and not on what is fair. "You get what you bargain for and not necessarily what is fair." Therefore, preparation for a license negotiation and negotiation skills play an important role in the final outcome. The first step towards preparing for a license negotiation is patent strength evaluation. A Licensor or Licensee must be well aware of the strength of his patent or portfolio in the light of other patents....

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Weekly Copyright news: Ilaiyaraaja’s Royalty Claim, copyright infringement by T-Pain, Motorola Adds Copyright Infringement, Viacom 18 new series with Gates Foundation and more

Weekly Copyright News Updates - Intellepedia

Court Summons Ronnie Screwvala for Copyright Violation, Artistes Seek Clarity on Ilaiyaraaja’s Royalty Claims, T-Pain’s Song off YouTube After Infringement Claims, Alfonso Ribeiro Sues Fortnite for Stealing the 'Carlton' Dance, Motorola Adds Copyright Infringement Claim to Suit Against Hytera, Petition Against EU Article 13 Gets 4 Million Signatures, CJ ENM Becomes Warner Brothers’ Exclusive Licensing Agent in Korea, Viacom18 to Launch Series on Sanitation with Gates Foundation. COPYRIGHT QUOTE OF THE WEEK "We have a massive system to regulate creativity. A massive system of lawyers regulating creativity as copyright law has expanded in unrecognizable forms, going from a regulation of publishing to...

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A conduit for INVALID PATENTS – Section 13(1)(b)

First Publication Date: 8th December 2010 Section 13 of the Indian Patent Act requires the Examiner, to whom an application for a patent is referred to, to search for previous publications which anticipate the invention claimed in the referred patent application. Section 13 recites “Search for anticipation by previous publication and by prior claim (1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification- (a) has been anticipated by publication before the date of filing of the applicant’s...

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Drafting Valid Patent Licenses

First Publication Date: 8th December 2010 The clauses in a license agreement vary based on the nature of the patented invention. Each technology has certain unique characteristics and applications, which influence license drafting. Some of the basic clauses that go into every license agreement are as follows:This post is in furtherance of the post "Sensing Licensing Opportunities". A license is an authorization given by the patent holder to exercise the exclusive rights granted by the patent. It permits the person acquiring the license to practise the patented invention in the manner allowed under the license. Therefore, a license agreement must clearly...

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Weekly Trademark News: Nike’s Win, Oyo to Expand to UK, Oxford University in Trademark Dilemma, and other news

Indian Trademark Statistics for December (Third Week) 2018, Hakuna Matata is Disney’s?, Playboy for Your Feet, Oyo Rooms to Expand to UK, Bihar’s Silao Khaja Obtains GI Registration and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “The future of branding is marketing with people, not at them” - John Morgan INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a slow week. The total number of the show cause hearings issued has increased by forty seven percent (47%). Similarly, the total number of applications published in the trademark journal has increased by eight...

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Secrecy Obligations of Employees

This picture depicts a person keeping a finger on his lips. This image is relevant because this post talks about the secrecy obligations of employees. Click on the image to view full post.

First Publication Date: 7th December 2010 Trade Secrets form an important part of intellectual property owned by most knowledge driven companies. Infact, patents and others are just the tip of the intellectual property ice berg of a company, the rest being trade secrets. Most countries including India do not have legislations protecting trade secrets and the law with respect to their protection emanates from court decisions. Agreements have been recognized by Indian courts to be valid measures to protect secrets. Some of the decisions have been provided  hereunder for your reference. Niranjan Shankar Golikari v. The Century Spinning and Mfg. Co. Ltd[i] Mr. Niranjan...

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Mitigating Patent Risks

First Publication Date: 7th December 2010 This is in furtherance of the post  "Assessing patent risk in India". Mitigation and management of patent risks assumes very high importance in the light of increasing patent enforcement in India. Risks from patents primarily come from infringement of patents of others. Some of the common strategies for risk mitigation are as follows: a. Design around; b. Licensing; and c. Invalidation. a. Design Around Risks from a patent can be mitigated by designing around the claims of the patent. If a product or process is so designed that it does not fall within the scope of the claims it...

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Weekly Patent News: Indian Patent Statistics, Interesting inventions, DIPP publishes draft patent amendment rules 2018, 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, DIPP publishes draft patent amendment rules 2018, European Patent Organization elects a new Chairperson, Alibaba all set to join the Open Invention Network, after Microsoft, LIPO launches its first ever web portal for IP Filings, IPOS grants its first patent under the FinTech Initiative 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 “The ultimate strategy is to increase business and net worth by using intellectual property. Any winning IP strategy will have at least two goals: to create or acquire intellectual...

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Sensing Licensing Opportunities

First Publication Date: 6th December 2010 Licensing is one of the important ways by which companies generate revenue from their patents. Assignment or licensing is the only way by which many dedicated research firms, that develop a portfolio of patents through focussed research make money. For many knowledge driven companies patents add value by providing competitive advantage or business advantage through exclusivity. Decision with respect to investments in R and D are made by most companies based on possibilities of patent acquisition. On the other hand, Universities and Government Institutes generally protect some of the inventions created from research and their...

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Greatest Path breaking Invention!

First Publication Date: 2nd December 2010 Since the Neanderthal age man has been on a perpetual quest to improve its living conditions which has made it possible for science to advance from one stage to another. Man is a curious being and to satisfy its insatiable curiosity it has constantly been on the lookout for new things. The essential human journey has witnessed visionaries and inventors  who have always been in a race with time which has resulted in marvelous inventions designed to lessen human hardship and has revolutionized the human life. Inventions like the Bulb, the Steam engine, the Telephone and...

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