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Intellepedia – IP News Center

BananaIP’s Comments on the Draft Intermediary Rules, 2018

BANANAIP’S COMMENTS ON THE DRAFT INTERMEDIARY RULES, 2018

The Ministry of Electronics and Information Technology (MEITy) issued a notification on 24th December 2018 publishing the draft Information Technology (Intermediary Guidelines) Rules 2018 to replace the rules notified in 2011. The notification, published on the MEITy website, invited comments and suggestions on the draft rules. BananaIP has submitted its recommendations and suggestions to the Ministry, and awaits positive changes in the proposed rules. We appreciate the Ministry’s recognition of the widespread misuse of social media platform to spread fake news, and the Ministry’s resolve in drafting these rules to strengthen the legal framework to make intermediaries more accountable under the...

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Patent statistics, Micro Spy Robots, Conference on IPR for Global Business, EPO discusses plant patentability, Webinar on Technology Transfer by EPO and other Weekly Patent News updates

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.

“Patent Statistics, Interesting Inventions, Micro Spy Robots, National Conference on “IPR for Global Business: Forward Looking Agenda for India”, held in Bangalore; Jharkhand Council on Science gives thumps up for the establishment of a Patent Facilitation Centre in Ranchi; Kibow Biotech Inc. wins patent suit in India, EPO and others hold discussion over patentability of plants; Webinar on Technology Transfer to be held by EPO” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Quote of the Week “A country without a patent office and good patent laws is just a crab and can’t travel any way...

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Kindle eBooks, Amazon and Business of Licensing: Section 33 Non-Compliance?

amazon Kindle India non compliance on FDI law

Over the years, the copyright law was amended several times to achieve different objectives ranging from inclusion of new works and rights to protecting interests of authors. One of the amendments to Indian copyright law in 1994 related to creating an exclusive business zone for copyright societies, whose objective is to manage works of authors, publishers and owners and facilitate ease of licensing and royalty sharing. The amendment provided in Section 33 of the Copyright Act that only copyright societies can be in the business of granting or issuing licenses. The objective of this limitation to the business of licensing...

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Overlapping IP Protection: Call for Caution

The image depicts a venn diagram of Copyright, Patent and Trademark

This post was first published on September 11th, 2012. Rights and protection are both victim and villain in overlapping. Overlapping and provision of simultaneous or sequential protection for some inventive and creative works have become a part of the expansive Intellectual property law regime. For example, both copyright law and trademark law now protect ‘Angry Birds’ and ‘Miley Cyrus’. Overlapping copyright and trademark protection for these two characters not only means that their creators receive all the benefits flowing from both the copyright regime and the trademark system, but it also means that many of the benefits that would otherwise flow to...

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Why Do Indian Companies Acquire Patents?

This image depicts two thinking minds. This image is relevant because the post talks about why Indian companies acquire patents. Click on the image to view full post.

This post was last published on May 31st, 2012. Most people would assume that the answer to the question is obvious. But it is not. Ideally, patents are acquired to gain competitive advantage and through it, business value. In our quest to learn the answer, we have by virtue of studying about a hundred companies of varied sizes, realized that only twenty percent of them actually acquire patents to gain a business advantage. Why then do others invest in patents? Some of the most common reasons are: To meet the targets met by the senior management About eighty percent among the large companies file...

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Would Licensing a Sound Recording Call For Separate License From the Lyricist and Composer?

This post was last published on May 15th, 2012. The case ruling in IPRS v. Aditya Pandey came as a huge loss to the music composers and lyricists of the industry. It was held that no separate license was required from the copyright owner of literary and musical work (lyricist and composer) that embody a sound recording. A brief overview of the facts are as follows-  The appellant, Indian Performing Right Society Ltd. (IPRS - for short) is a Copyright Society registered under Section 33 of the Copyright Act 1957 and has around 1478 members who are either authors of the lyrics or...

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Patent Trolling : Can’t Live With, Can’t Live Without!

This post was first published on March 9th, 2012. Patent Trolling is indeed a remunerative fad apart from being a 'rage'. It’s also turning out to be the easiest way to make quick bucks, many of those quick bucks rather. For once, it should probably be lauded for they have highlighted the largest of loopholes that companies seem to have over-looked on their march to success. However, what should also be observed in the midst of all of this is that - they also highlighted what a travesty the patent system has become these days. The company that does nothing gets...

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Publicity Rights in India (Part II)

The image depicts a portrait of Jean Simmons.

This post was first published on March 1st, 2012. Some Indian Courts, such as Delhi High Court, have of late been very aggressive in enforcing various IP rights online and in digital media. However, considering the recent development of publicity rights law in India, there has not been an instance of its enforcement online or in computer games. We will, therefore, take a computer game hypothetical to review the applicability of publicity right law. Let us assume that an online cricket game is made in two versions. Version 1 is called world cup, which allows matches between various national teams. It includes...

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Publicity Rights in India (Part I)

The image depicts Judy Garland.

This post was first published on February 28th, 2012. The right of publicity refers to the right to prevent unauthorized commercial use of a person's persona. A person's persona includes his name, photograph, signature, voice or any other identity.   Publicity rights vest only in a celebrity or public figure. In other words, a person must be recognized by the public in order to possess the right of publicity.  The public must identify or associate an identity to a person. If such an association cannot be established, the right of publicity does not come into existence. Use of a person's persona for commercial...

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Weekly Copyright News: Gully Boy Leaked, FFI Wants Piracy Court, Kanye West Sued, REM Gets Trump Tweet Removed, and more

AICWA Bans Pakistani Actors and Artists, Gully Boy Leaked Online Soon After Release, Film Federation Demands Special Court to Control Piracy, Family Sues Kanye West for Copyright Infringement, Twitter Removes Trump Tweet After Copyright Complaint from R.E.M., SCOTUS Declines to Hear ‘Empire’ Lawsuit, YouTube Changes Three-Strike Policy to Tackle Frivolous Claims, British Columbia Man Claims Ownership over People’s Party of Canada Name, McCafé to Sponsor Two SAFTA Categories, Songtradr Acquires Big Sync Music, Mattel Secures Three-Year Licensing Deal for Despicable Me, and more. Copyright Quote “Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially important legal...

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