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BananaIP Counsels > Patents (Page 72)

Role of Intellectual Property in Promoting Creativity

This image depicts the title creativity. This image is relevant because this post talks about the real role played by IP protection in creativity. Click on the image to view full post.

Does the Intellectual Property Regime play a role in promoting creativity? As stated by most governments, the objective of patent, copyright, design and other laws is to promote the progress of inventive activity and creativity. Are these laws actually achieving their stated objective? While most of us would like to believe that they are, no empirical study has been able to conclusively prove so far that IP laws actually promote creativity. The logical question that follows would be whether we actually need an IP Regime? The answer is not easy because no study has been able to conclusively prove the...

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Nanoparticle Phoresis, Immense Potential

This image depicts Motoactv Smartwatch. This image is relevant as the post is about Google and Cancer Treatment. Click on the image for full description.

  Calico, an independent R&D Biotech company established by Google Inc. and Arthur in 2013, is looking for ways to cure cancer, stop ageing and potentially make humans immortal. Google has been awarded a patent for ‘Nanoparticle Phoresis’ on March 5, 2015. The patent was filed in September, 2013 by Andrew Conrad, Head of Google’s Life Sciences division. The patent talks about Nanoparticle Phoresis which is a device that is able to transmit energy into a person’s body by radio frequencies, magnetic fields, acoustic pulses, infrared and many other means. This technology automatically modifies or destroys targets in the blood that have an...

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Burger King and McDonald’s: Can Taste be Patented?

Burger King v. McDonalds

Here is the next post in the series of Student Blog Contest. This post is authored by Neerja Gurnani. I recently went to the Burger King outlet that has been causing immense amounts of hype in Indian teenagers, stood in queue, got a burger, and eagerly bit into it, expecting my mind to be blown. Instead, I was greeted with a very familiar taste – that of a McDonald’s burger. This led me to ask, can taste be patented? Recipes have been famously protected as trade secrets – for example, Coca-Cola protects its Classic beverage formula by avoiding disclosure and keeping a...

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OCR: Credibility of India’s Intellectual Property Enforcement in Question

This image depicts the logo of the Executive Office of the President of the United States. This image is relevant because in this post, the U.S. talks about the credibility of India's Intellectual Property Enforcement. Click on the image to view full post.

United States Trade Representative (USTR) ordered an Out of Cycle Review (OCR) for India in October. While the USTR insists that the aim of this exercise is to provide constructive feedback to India in order to improve its IP protection and enforcement, many in India are not happy about this move. Not only has the government criticized this move, but also refused to participate in it arguing that the US laws are not applicable to India. Nirmala Sitharaman, India’s Commerce Minister, had informed the Parliament, “The Special 301 process is a unilateral measure taken by the United States under their...

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IP Event held in honor of Late Hitesh Barot

This image depicts an indoor auditorium where an IP Event held in honour of the Late Hitesh Barot. Click on the image to view full post.

I-HIPP (In-House Intellectual Property Professionals Forum), an IP Think Tank and advocacy group, had conducted a conference and moot court in memory of Hitesh Barot, a leading in-house IP counsel, on March 6, 2015 at ABB campus, Bangalore. Hitesh Barot, Senior IP counsel and Former Vice President of Technology Policy at General Electric (GE), was in a tragic accident that claimed his life on May 21, 2015. In a very unusual occurrence, Hitesh Barot was dragged by a crocodile into the River Narmada near Bhalod, his native village in Gujarat. Mr. Barot's illustrious career began at McCutchen Doyle Brown & Enersen in California...

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Case Brief: Shamnad Basheer v. Union of India & Others

The image depicts the Madras HC.

Article contributed by Heema Shirvaikar, Intern at BananaIP Counsels, 3rd-year Law Student at Symbiosis, Pune. Facts and brief history of case: In 2011, a Writ Petition was filed before the Madras High Court by Mr. Shamnad Basheer, seeking a Writ of Declaration, to declare the establishment of the Intellectual Property Appellate Board (IPAB) under the Trade Marks Act, 1999, and the Patents Act, 1970 as violative of the basic structure of the Constitution of India. Shamnad Basheer, founder of SpicyIP, an Intellectual Property law blog, was a Professor of Law, who holds the Intellectual Property Rights Chair at the Ministry of Human Resources and...

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Smartflash takes a $ 532.9 Mn worth bite of Apple

The image depicts the Logo of Apple Inc. The image is relevant as the post is about Apple losing to Smartflash. Click on the image for full description.

Apple, known for suing other high profile companies, gets a taste of its own medicine. Apple Inc. has been ordered to pay US$ 532.9 Mn after a federal jury in Texas found that its iTunes software infringed three patents owned by patent licensing firm, Smartflash LLC. To market and commoditize his patents, Patrick Racz, in the early 2000s established Smartflash. As a non-practicing entity, the firm operates solely through patent licensing and litigation. Smartflash, a Texas-based patent licensing company, sued Apple in May, 2013, alleging that iTunes software infringed its patents related to accessing and storing downloaded songs, videos and games. After...

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Hedy Lamarr – Much more than what meets the eye

This image depicts Hollywood actress Hedy Lamarr. This image is relevant because it talks about her contribution to wireless communication. Click on the image to view full post.

As a world of glamour, Hollywood has given us some of the most brilliant people that have been an inspiration. Today, we will see an inspiration of another kind. We will see a new side to someone considered one of the most beautiful and talented women in Hollywood. Someone who moonlighted as an inventor! She is Hedy Lamarr! Hedwig Eva Maria Kiesler popularly known as Hedy Lamarr, was an Austrian-American actress and inventor. At the age of 19, she was married to Friedrich Mandl, whom she left before fleeing to Paris. In Paris, she met MGM head Louis B. Mayer, who offered her a movie...

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