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Intellectual Property

BananaIP Counsels > Intellectual Property (Page 7)

Patently Asia – A Drug War!

This image depicts a Samurai Warrior with leaves falling on her. This image is relevant as the founder of Kratom is Natalie. Click on the image for more information

This post was first published on 25th November, 2014.   Japanese Patent about a pain-killing drug extracted from 'Kratom' (Mitragyna Speciosa), a well-known Southeast Asian medicinal plant, is creating contradictions. Patent documents and other publications reviewed, are silent on the origin of Kratom utilized by Chiba and Josai. Patents have been issued in Japan and the US, and patent applications may be pending elsewhere.   How the Plant became a Painkiller drug: In the early 2000s, Japanese researchers began analyzing compounds extracted from Kratom as part of a program to assess medicinal plants. They identified one Kratom compound, 7-hydroxymitragynine, as having particularly potent painkilling effects - considerably stronger and with no side effects, than even morphine,...

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Patents and Olympics

This post was first published on 25th July, 2012 The 2012 Summer Olympic Games is scheduled to take place in London, United Kingdom, from 27 July. Since the Olympics is around the corner, we would like to share some interesting patents issued pertinent to athlete performance. The patent (US6013007) discusses about a Global Positioning System (GPS) based personal athletic performance monitor for providing an athlete with real-time athletic performance feedback data. A feedback device, worn by the athlete is configured to send the performance parameters to AM, FM, and TV selected bands and can also be heard by the athlete using a...

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Conceptualizing Copyright Assignments & Licenses Part – I

The image has a huge copyright sign at the center of it. The post is about copyright assignment. Click on image to view post.

This post was first published on 25th June, 2014.   This blog series is intended to conceptualize the principles behind copyright assignments and licenses. Copyrights, like any other Intellectual Property Rights are considered a part of Property Rights and hence can be transferred just as corporeal properties. This transfer of ownership under Copyright Law happens in three different ways; first, by executing an Assignment deed; Second, by executing a License Agreement; and third, by transmission of rights by way of operation of law. In this post, I will analyze the concept of Copyright Assignment and the relevant legal provisions with respect to Assignment of Copyrights in India. Meaning...

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Making Institutional Research Count

Intellectual Property

This post was first published on 25th July, 2013.   Public Funded Research Institutions and educational institutions in India have begun to realise the importance of commercialising their Intellectual Property, a phenomenon that was long overdue. While a large number of these institutions are yet to be woken up to the trend, those that have tasted success are willing to explore further in order to push their returns northwards. Commercialising intellectual properties of research institutions has obvious benefits: when returns grow up in proportion to the research investments, institutes will feel little need to look elsewhere for funds; commercialisation is the most convenient...

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Doctrine of Foreign Equivalents – Part 2

The image reads Trademarks. The post is about interesting development in trademark law. Click on the image to read the full post.

This post was first published on 14th October, 2014.   As discussed in our earlier post, the Doctrine of Foreign Equivalents under the Trademarks Law requires the Trademark Office to translate foreign words to English in order to determine whether certain marks qualify for trademark registration or not. In this post, we are looking into whether the Indian Courts consider this doctrine an acceptable principle of the Trademark Law. Indian Courts have not faced the question of applicability of this doctrine in many cases yet. The Bombay High court had discussed the applicability of the doctrine in the 1997 case of Aktiebolaget Volvo of...

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The TSM Test and Non-obviousness

This image depicts two dolphins jumping high over the sea with the sunset in the Background. This image is relevant as it deals with TSM test which is the Teaching, Suggestion and Motivation test. Click on the image for more information.

This post was first published on 6th December, 2014.   TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked: Is the prior art quoted instrumental in teaching the reader the method of producing the invention? Does the prior art or any of its contents suggest any method of producing the invention in question? Does the prior art talk about problems related to a particular technology motivating an invention in a particular manner? It must be well understood by now that...

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What Makes the World’s First Turbo Diesel Motorcycle Vibration Free?

This image depicts Royal Enfield's Turbo model of Bike. This image is relevant as this is the first ever diesel engine powered bike which does not vibrate. Click on this image for more information

This post was first published on 25th August, 2014.   Owing to the ever increasing gas prices, fuel efficiency offered by vehicles has become a strong deciding factor among buyers. Diesel bikes are a great benefit for people obsessed with fuel efficiency but unfortunately diesel bikes are currently not offered by any OEMs for the masses. Royal Enfield’s Taurus was the only diesel motorcycle that was in mass production until some time ago. The vibration produced by diesel engines in a motorcycle, jolts the rider and makes travel tiresome, and eventually the user may even start feeling the strain through pain in his/her elbow...

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Intellectual Property Protection for Computer Programs – Part II

The image has green lines over black background to indicate digital information. The image is relevant as the post is about IP protection of Computer Programs. Click on image to view post.

This post was first published on 1st September, 2014.   In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws. Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled with systems, were not sold through retail channels of distribution. Manufacturers could protect their technology through contractual agreements and Trade Secrets....

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OSS License Compliance – Source Code Not Enough

  This post was first published on 17th January 2011.   Open Source Software adoption has taken a large stride in 2010. and so did enforcement of OSS licenses. Software Freedom Law Center has been taking the lead by filing suits against GPL violations. Despite the increasing number of OSS suits, none has till date gone the full distance. The cases are generally settled through compliance, withdrawal and/or payment of compensation.The recent withdrawal of an Open Source Software after alleged violation of GNU General Public License (GPL) by Apple elucidates that making source code available is not sufficient for OSS License compliance. The...

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Trademarking the Name of God? – Part 1

The image depicts God. If the post is to be believed, the name of God van be trademarked too! Click on the image to read the full post.

This post was first published on 2nd September, 2014.   If there is one question that can spark a controversy, it must be this - Is it possible to trademark the name of God? Section 9(2) (b) of the Trade Marks Act, 1999, which deals with Absolute grounds for refusal of registration, mandates that a mark shall not be registered as a trademark if it contains any matter likely to hurt religious susceptibilities of any class or section of the citizens of India. When a trademark is granted in the name of God, normal people / devotees will not be allowed to use the name...

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