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Intellepedia – IP News Center

Small business innovative research Initiative (SBIRI) scheme from Department of Biotechnology

The image depicts the cover of the presentation with title of Trade Secrets and Biotechnology by Dr. Kalyan C Kankanala

First Publication Date: 24th December 2009 Department of Biotechnology has introduced a scheme to fund projects of small business innovative research Initiative. The scheme has become immensely popular as almost 56 Successful SBIRI applicants are listed for the scheme as on 26/11/2009. The aim of the scheme is to encourage small and medium scale industries to take up risk in innovative R&D in biotech sector. The intellectual property generated from the Project shall be the joint property of the Industry and DBT (in case of single industry) or whoever (Industries or DBT) contributed for generation of the intellectual property in case of...

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Music Band Agreements

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First Publication Date: 21st December 2009 Some aspects to be considered while drafting a Band Agreements are- the nature of properties that may be accumulated by the Band, during its operation; the types of projects that may be undertaken by the Band; the sharing of incomes realized by the Band as a whole; and the conditions of disbandment or for departure of Band members. A. The Band’s properties While a Band may come to own several forms of properties over the years, the most valuable of these properties would be the intangible properties called, Intellectual Property Rights. A music Band may own and...

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Indian Trademark Statistics (2006 to 2008)

The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

First Publication Date: 15th December 2009 The tables provided hereunder mention the statistics with regard to the number of applications at various stages of prosecution, types of trademarks filed, class wise trademark filings. As it can be seen from Table 1, the number of Trademark filings at the Indian trademark registry has increased. As is evident from Table 2, the maximum numbers of trademarks which are filed for protection are “word marks” followed closely by device marks. As is evident from Table 3, the maximum number of trademark applications is filed under class 5 followed by class 42. (Indian trademark classification) Table 1- Statistics of...

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Trade Secret Case Law Jurisprudence in India- 1

The featured image is a screen grab of the first slide of the presentation titled "Trade Secrets and Information Security". This presentation was delivered by Dr. Kalyan C. Kankanala at CISCO, Bangalore

First Publication Date: 21st December 2009 Trade Secret in India is not protected under any specific law but Indian Courts from time to time have recognized that confidential business information, such as customer lists, details of suppliers, pricing policies, product launch time-schedules, management marketing, know-how, designs, drawings, model, specifications, surface data, notes, improvements, technical information and so on may qualify as trade secrets. The jurisprudence that has developed in relation to trade secrets and confidential information is by way of case laws. In light of this, following and successive posts will be devoted in bringing out the case law jurisprudence relating to...

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Interesting patent pending invention

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

First Publication Date: 21st December 2018 Most technology and engineering companies perceive development of a good portfolio of patents as a key function that enables them to differentiate themselves from their competition, and maintain strategic advantage in their business. Companies adopt various patent generation, protection and management strategies to develop a portfolio of patents. Strategies used by companies for generation of IP include, identifying inventions generated within the company, tying up with universities to generate IP, and acquiring third party IP. Acquiring third party IP can benefit the company if the company successfully identifies good inventions generated by third party, such as...

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Aktiengesellschaft Vormals Meister Lucius & Bruning a Corporation etc.Vs Unichem Laboratories

The image depicts the cover of the presentation with title of Patent Infringement Presentation by Dr. Kalyan C Kankanala

First Publication Date: 20th December 2009 The case related to a patent in respect of the manufacture of new sulphonyl-ureas, salts of those compounds and of anti-diabetic preparation containing such compounds. One of the chemical compounds comprised in the said patent was Tolbutamide, and since 1957 the patent holder had been marketing the same as an anti-diabetic drug in India and all over the world under the trade mark "Rastinon". The patent holder filed an infringement suit against the Respondents claiming that the manufacture, preparation and sale of Uni-Tolbid tablets or Tolbutamide by the Respondents infringes its patent. In response to...

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Laxmi Dutt Roop Chand Vs. Nankau

The image depicts the cover of the presentation with title of Patent Infringement Presentation by Dr. Kalyan C Kankanala

First Publication Date: 18th December 2009 In this case, the Appellant, Laxmi Dutt Roop Chand, was the patent holder of a patent relating to the process of manufacture of hollow wares, such as 'lotas', 'batwas', 'degchis', 'batlois' and so on. The Appellant filed a patent infringement suit against the Respondents, Nankau and others, claiming that their process of manufacturing hollow wares violates the patents held by the Appellant and prayed for a permanent injunction restraining the Respondents from manufacturing the hollow wares using the process. In response to the infringement suit of the Appellants, the Respondents claimed non-infringement and counter-claimed for...

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Scope of Government Use Exemption in India

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

First Publication Date: 14th December 2009 In a recent case involving Chemtura Corporation, Union of India and Others, the Delhi Court interpreted the scope of government use exemption under Section 47 of the Patents Act. The patent holder in the case, Chemtura, filed a patent infringement suit against Union of India and others with respect to an invention concerning side bearing pad assembly and sought a temporary injunction during the pendency of the suit. The infringement action was filed against Government of India and a consortium that supplied the product falling within the scope of the Chemtura’s patent under a railway...

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Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

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

First Publication Date: 15th December 2009 This case can be considered to be the most important case in inventive step jurisprudence in India. Though the case was decided in 1978, the principles laid down in the case are followed even today and have been codified in the Indian Patent Act. The patent in the case related to a means for holding utensils for turning purposes . According to a preferred feature of the invention disclosed in the patent, the pressure end of the spindle was rotatably mounted and for that purpose it comprised an independent piece engaged by a hollowed end in...

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Bajaj/TVS Litigation

The image depicts Bajaj Logo.

First Publication Date: 14th December 2009 The litigation between Bajaj and TVS, which was very widely reported in the news showed the value of patents for gaining business advantage. The case briefs with respect to the litigation between the parties have been provided hereunder for the reader’s benefit. The cases relate to grant of injunction by the Court. Bajaj Auto Vs. TVS Motor Company Bajaj Auto Ltd. ("Bajaj") acquired a patent with regard to an invention relating to the use of twin spark plugs for efficient combustion of lean air fuel mixture in small bore ranging from 45 mm to 70 mm internal...

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