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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 5)

Music Broadcast Pvt. Ltd. v. Super Cassette Industries Ltd.

This post was first published on 5th September 2011. HIGH COURT OF DELHI RFA No.250/2011 & CM No.8977/2011 Decided On: 01/09/2011 Facts: This appeal arises out of the interim orders passed by Copyright Board in the litigation between Music Broadcast Pvt. Ltd (MBPL) and Super Cassette Industries Limited (SCIL) with respect to fixing of a royalty fee of a license agreement between the parties. According to the Memorandum of Understanding (MoU) between the two parties if the two parties are in litigation and if any Court/Copyright Board whether in any interim or final order where both SCIL and MBPL are parties, stipulates a rate...

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Weekly Copyright News: Cinematograph Act Amendment, Facebook to Make Political Ads Transparent, No Removal of Explicit Streaming Content, EU Agrees on Copyrights, Fiji Counter-sues, and more

Cabinet Approves Cinematograph Amendment to Curb Piracy, Delhi HC Dismisses Plea Seeking Removal of Explicit Streaming Content, Facebook to Increase Transparency of Political Ads, Jeff Bezos Accuses National Enquirer of ‘Extortion and Blackmail’, EU Negotiates Agreement on Copyright Rules, ‘GTA V’ Cheats Cost Creator USD 150,000 in Damages, Fiji Water Counter-sues Viral Fiji Water Girl, PV Sindhu Signs Lucrative 50 Crore Deal with Chinese Sports Brand, McFarlane Toys Inks Deal for DC Superhero Toys, Kiss and Emoji Collaborate, BMG to License Music through SESAC in India, Copyright Tip of the Week, and more. Copyright Quote When you have wit of your own, it's a pleasure to credit other people for theirs. - Criss...

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Confidential Information: Basic Clauses in a Non-Disclosure Agreement

This image depicts a stamp of the word confidential. THis image is relevant because this post talks about the basic clauses of a Non-Disclosure Agreement. Click on the image to view full post.

This post was first published on August 15th, 2011. One of the most widely adopted measures to protect secrecy is the execution of a Non-Disclosure Agreement (NDA). It is a common practice to sign an NDA before disclosing any confidential information. A well-drafted NDA is easy to understand, not too long and lucid. Important clauses in an NDA include: Definitions; Confidentiality; and Term and Termination. a. Definitions Clause The definitions clause in an agreement defines important terms used in the agreement. The objective is to avoid any confusion with respect to the meaning of critical terms used in the agreement. Every NDA must...

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How Many More Patents Would it Take to Make the World a Better Place to Live in?

This post was first published on July 30th, 2011. In a country like India where the sun is out for the major part of the day, I wonder if we are capitalizing enough on this abundant and sustainable source of energy, especially in a time when we are close to running out of conventional resources such as oil, gas, and coal. Harnessing this energy in order to make the surrounding environment a little more conducive for better living has become imperative. There has been some significant work in the field of green technologies, especially solar energy and wind energy and also subsequent...

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Kindle eBooks, FDI eCommerce Policy and Amazon Marketplace – Non-compliance Continues Contd.

Amazon Marketplace Non Compliance

Amazon Seller Services Private Limited ("Amazon") runs the eCommerce marketplace at www.amazon.in, and among other products, Amazon facilitates sale of eBooks and/or eBook subscription licenses on the platform at its Kindle eBook Store at https://www.amazon.in/Kindle-eBooks/b?ie=UTF8&node=1634753031. In my opinion, Amazon's business and approach with respect to eBooks does not comply with the recent FDI eCommerce guidelines by virtue of the following: By exclusively permitting only its group company Amazon Asia Pacific ("Amazon APAC") to sell eBooks on its marketplace; By giving preferential treatment to Amazon APAC's eBook products on the Marketplace; By requiring authors to publish exclusively on its marketplace through...

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Are Rajinikanth’s Methods Patentable?

This post was first published on July 27th, 2011. Patentability of process inventions has always been interesting and controversial. We have earlier reported that the methods of performing yoga, massaging, walking on water and so on are patentable. After reading some of these posts, one of my colleagues (seemingly a big Rajinikanth fan) was curious about the patentability of Rajinikanth's methods and hence this post. Let us begin with the basics. As per the Indian Patents Act, any process or product is patentable if it meets all patentability requirements. All methods are therefore patentable unless they are expressly excluded under Section 3,...

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Reasonable Measures for Secrecy

This post was first published on July 4, 2011. One of the basic and most important requirements for protection of trade secrets is reasonable measures. Despite its value, information would not be considered to be a trade secret unless reasonable measures are taken to protect its secrecy. A measure is considered to be reasonable if it gives notice of the existence of a secret and mandates or imposes its non-disclosure. While the stringency of a measure would provide a strong basis to prove existence of a trade secret, measures need not be very stringent or unbreakable. Some measures that have been considered...

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Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

This post was first published on June 25, 2011. Facts:  Autodesk Inc. is a well known U.S. based design software and digital content company which provides design software to professionals and has a large market in India as well. It is also the owner of various Trademarks in India including AUTODESK and AutoCAD.  Microsoft Corporation is the owner of various well known computer software like Microsoft Office and Microsoft Windows, having a subsidiary company in India. In May, 2003, Microsoft received information from Mr. Devesh Tiwari, a Service Engineer for computers of M & S Consultancy Services, about large scale use of...

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Intermediaries, Marketplaces and Take Down Actions

Intermediaries, Marketplaces and Take Down Actions

My colleague, Ashwini Arun, brought an interesting post on Spicy IP on SareGama's take down notice to my attention. The post talks about take down of one of its articles, and may be read at: https://spicyip.com/2019/02/saregama-pa-rdon-me-you-have-the-wrong-address-on-the-perils-and-pitfalls-of-notice-and-takedown.html. It is unfortunate that SareGama decided to include an article from Spicy IP, renowned for its well-researched articles and contributions to IP discourse, in its Take Down list. I am assuming that the inclusion of the link by SareGama was an inadvertent act of one of its Take Down service providers, who automate most of the process and approach taking down links to infringing...

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SAP Aktiengesellschaft & Anr (Plaintiff) Vs. Sadiq Pasha, Proprietor, M/s Neologik India

This post was first published on June 24, 2011. Brief Facts of the case: The plaintiff,  Sap Aktiengesellschaft (herein after referred to as ‘SAP’) is a company incorporated in Germany, and claims to be the global leader in developing application software products for real time business developing process. SAP developed different versions of an automatic accounting and transaction-processing program that featured standard software and real-time computing known as SAP R/3 in the year 1992. The defendant, Mr. Sadiq Pasha, is the proprietor of M/s. Neologik India and is stated to be engaged in the business of providing training services to its clients...

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