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Licensing of Software Does Not Give Rise to Patent Exhaustion

First Publication Date: 20th September 2010 The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble…

BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source Licensing December 4, 2018 1216Views 0Like

If I Could Copyright… My Book: Copyrights and Writers (Part 5)

Why Don’t You Copyright Me? Copyrights and Writers (Part 4)

As seen in the previous posts, a copyright protects original and creative expression in a tangible form. While copyright exists in a work irrespective of registration, writers are advised to register their works. This post looks at the various categories under which a writer’s work can be protected and why it should be registered. Protecting a Writer’s Work According to Copyright law, the following types of works form the subject matter for copyright protection: Literary Work; Musical Work; Artistic…

BananaIP Reporter Copyrights, Intellectual Property December 4, 2018 657Views 0Like

IP Licensing – A Presentation by Dr. Kalyan C. Kankanala at IIM – Bangalore

BananaIP Reporter Intellectual Property, IP Commercialization/Licensing December 4, 2018 691Views 0Like

The Indian Patent Office and Secrecy Directions

First Publication Date: 16th August 2010 As per Section (35) of the Patents Act, 1970, the Controller may notify a patent application (i.e. a patent application before the grant/refusal) as a secret. The patent application may be of a class notified by the Central Government as relevant for defense purposes or may be up to the discretion of the Controller. The patent applicant is further prohibited from publishing information related to the patent application or communicating information related to the…

BananaIP Reporter Intellectual Property, Patents December 3, 2018 2742Views 0Like

Bilski’s Invention Falls, Business Methods Survive

First Publication Date: 29th June 2010 The much awaited Bilski decision has been pronounced by the US Supreme Court (Bilski v. Kappos). This closely watched and highly discussed case revolves around patentability of Bilski's hedging of risks business method invention. From the day when the patent examiner rejected Bilski's claims calling them 'mere manipulation of an abstract idea' the controversy has given rise to a lot of potent questions including the likes of patentability of software and business methods and restrictions…

BananaIP Reporter Intellectual Property, Patents December 3, 2018 646Views 0Like

Indian Patent Statistics, Interesting inventions, New IP initiative by Indian Defence Ministry,Virtual market place for IP in Karnataka, USPTO unveils 2018-2022 strategic plan and more

“Indian patent statistics, Interesting inventions, Mission RakshaGyan Shakti – A new initiative by the Defense Ministry of India, Government of Karnataka to unveil a virtual marketplace for IP, IP Awareness Seminar held in University of Kashmir, Abbott Laboratories in yet another turmoil, this time over a stent patent and other Weekly Patent News updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week “Design transcends agenda. It speaks to…

BananaIP Reporter Industrial Designs, Intellectual Property, IP Commercialization/Licensing, Patents December 3, 2018 761Views 0Like

Patent Troll in India?

First Publication Date: 10th June 2010 NTP has filed a patent infringement suit in a US District Court against Apple, Google, Microsoft, Motorola, HTC and LG. It alleged in the suit that the companies are liable for infringing eight of its patents relating to sending emails over wireless networks. This suit is significant because of two reasons: a. NTP is a patent troll, whose business model revolves around acquiring patents and licensing or enforcing them. It does not have…

BananaIP Reporter Intellectual Property, Patents December 2, 2018 982Views 0Like

This image depicts a heard of cows. This post discusses the patents that have been filed for the composition of cow urine and its uses. Click on the image to read the full post.

Another Patent Granted Over Medicinal Value of Cow’s Urine

First Publication Date: 24th June 2010. A patent was granted to CSIR with respect to a composition useful for protecting and/or repairing DNA from oxidative damages. The value of cow's urine has been emphasized in ancient Indian texts including the rig veda. Cow's urine is known to not only have medicinal value but is also used to purify ayurvedic medicines. The patent granted to CSIR claims a composition for preventing and repairing damage to DNA due to oxidation. The patent…

BananaIP Reporter Intellectual Property, Patents, Traditional Knowledge December 1, 2018 1295Views 0Like

This image depicts a person in a yoga asana. His body has been divided into the traditional four zones targetted by yoga healing. This post explores if the way of performing yoga may be patented. Click on the image to read the full post.

Can a Method of Performing Yoga be Patented?

First Publication Date: 9th June 2010 The Council for Scientific and Industrial Research (CSIR) has recently incorporated materials on yoga to the Traditional Knowledge Digital Library (TKDL). The materials include data on various yoga postures and videos relating to them. The information on yoga has been collected by CSIR from ancient Indian texts such as Patanjali. As per Dr. Gupta from CSIR, the addition of the materials to TKDL will play an important role in preventing patent grants relating to yoga…

BananaIP Reporter Intellectual Property, Patents November 30, 2018 1350Views 0Like

Copyright Infringement: Bharat Law House vs. Wadhwa

First Publication Date: 13th June 2010 Supreme Court vacated Interim Application passed in favor of plaintiff and also allowed the IA in favor of defendants. This case is a hearing of interim application before Supreme Court while main suit was pending for trial. Case Facts Well-known authors Ratanlal and Dhirajlal wrote books on IPC, CrPC, Evidence Act, Torts, Law of Crimes and Bombay Criminal Cases. All these six books were assigned to the defendants by Mrs. Mary. Later, assignor and the defendants had a legal dispute which was…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law November 30, 2018 961Views 0Like

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