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Intellepedia – IP News Center

Temporary Injunction: J. Mitra Vs. Kesar Medicaments

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 8th January 2010 The patent holder, Appellant, of a patent relating to a device for detection of antibodies to HepatIT is C Virus filed an infringement suit against the Respondents and applied for an interim injunction during the pendency of the suit. The Court first observed that it is well settled as held in the decisions in Bishwanath Prasad Radhey Shyam and Standipack Private Ltd. cases that the grant of a patent would not give rise to a presumption of validity of the patent notwithstanding the examination and inspection carried out by the Patent Controller and that the...

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Temporary Injunction: Manika Thevar Vs. Star Plough Works

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 6th January 2010 The Appellant, who is the patent holder of a patent relating to a pattern of a plough having a twist filed an infringement suit against the Respondent alleging that sale of similar ploughs amounts to infringement and applied for interim injunction against the Respondent during the pendency of the proceedings. In response, the Respondent denied the allegation of the Appellant by stating that the plough patented by the Appellant was not infringed because the patent was invalid as it was well known and lacked inventive genius. The Court started its reasoning by expounding the principles regulating...

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Weekly Trademark News: Kylie Jenner Sued Over ‘Born to Sparkle’, Vans – NASA collaboration for Space Age Shoes, Alibaba Emerges Victorious in a Trademark Battle and other news

Indian Trademark Statistics for October (Fifth Week) 2018, Vans Wins Trademark Battle, Samsung in Trouble with Their Galaxy, Kylie Jenner Sued Over ‘Born to Sparkle’, 326 Registered GIs in India and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Branding is not just about being seen as better than the competition. It’s about being seen as the only solution to your audience’s problem” – John Morgan INDIAN TRADEMARK STATISTICS The Indian Trademark Office has picked up its pace in the last week. The total number of the applications disposed through show cause hearings has...

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“Three Idiots” Controversy – An Analysis

This image depicts the 3 Idiots Movie Cover

First Publication Date: 5th January 2010 For all the ardent Mr. Chetan Bhagat’s readers, who loved “Five Point Someone-What not to do in IIT” and fans of the movie, “Three Idiots”, the attribution controversy has not been very pleasant. In a recent press meet, producer Mr. Vidhu Vinod Chopra’s outburst over the question on Mr. Chetan Bhagat’s allegations of not being given proper credit in the film has led to an important question. The question that needs to be analyzed now is whether proper credit has been given and is it actually required to be given? In one of the previous posts here...

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Moral of “3 Idiots”

This image depicts the 3 Idiots Movie Cover

Date of First Publication: 4th January 2010 Dr. Kalyan needs to be thanked for the timely post (dated 3rd January) on the current controversy over the credits for the movie "3 Idiots". Let me take this opportunity to air a couple of observations/questions on related issues: 1. Can the author, in this instance a fairly well known and popular author Mr. Chetan Bhagat, contract away his "moral rights" specifically, and not through the mode of assignment of copyrights of the work? Nothing in our Copyright Law (Section 57 or otherwise) prevents an author from specifically agreeing not to enforce the applicable "moral...

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Credits to “Three Idiots”

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First Publication Date: 2nd January 2010 The recent controversy regarding giving credit to Mr. Chetan Bhagat has brought forth the issue of attribution of authors in case of adaptation of a literary work. An author of a work gets two kinds of rights under the copyright law. They are,a. exclusive rights to reproduce, adapt, distribute, make derivative works and so on, which are also called as economic rights; and b. right to paternity (attribution as author) and integrity of the work, which are also called as moral rights. I am assuming from the news reports that appropriate copyright license has been taken by...

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Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 3rd January 2010 A patent was granted to Valasumani Lathe Works (“VLW”) for an invention titled "IMPROVED THRESHING AND SEPARATING MACHINE". The applicant in the case, Manivannan trading as Kumar Industries, filed an application for revocation of the patent before the Appellate Board. The applicant contended that VLW’s invention was not patentable in the light of the applicant’s patent application relating to a machine for threshing of corn, which was abandoned and the machines of the applicant, which were being used before the application date of VLW. The applicant claimed that the invention was anticipated based on prior...

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Weekly Patent News: Zee’s New Patent may Tantalize all 5 senses, Video Conferencing Introduced by IPO, Nokia and Samsung Join Hands, IP Appellate Court in China 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, Zee Entertainment’s new patent is said to tantalize all 5 senses, IP India introduces a new Video Conferencing System, Nokia and Samsung join hands yet another time by extending their patent licensing agreement, China in talks to form a National Intellectual Property Appellate Court, 6th Annual Advanced International Certificate Course on IP Asset Management for Business Success” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design quote of the Week “I strive for two things in design: simplicity and clarity. Great design is born of those two things.” – Lindon Leader,...

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Joke reported in Times of India

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 28th December 2009 Today (Dec 28, 2009), Times of India (TOI), Bangalore, has published a news article relating to patents on the front page. Since the article was related to patents, it caught my attention and I decided to read what the article had to say. After reading the article, I could not help but wonder how minimal is the research that goes into writing an article that gets published on the front page. A simple internet search to understand a few concepts could have resulted in an article of better quality. My interpretation of what the article tries...

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CABINET’S CHRISTMAS GIFT TO CINEMATOGRAPHIC INDUSTRY

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First Publication Date: 25th December 2009 The awaited Copyright bill is finally approved by the Cabinet on December 24th and the same will be presented before the parliament during the upcoming budget session in February 2010. The bill is long awaited by the Cinematographic industry as one of the key amendments proposed in the bill is to extend the copyright protection to both director as well as producer as joint authors, earlier the copyright was vested only in the directors of a Cinematographic work. Also the term of protection is suggested to be extending upto 70 years. The cause for the same...

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