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Natural or Man Made

This post was first published on April 4, 2010. This is in furtherance of Mrs. Vinita Radhakrishnan's post regarding the US District Court decision on BRCA gene patents. Under the US Patent Law, anything that exists in nature is not patentable subject matter. This is also referred to as 'Product of Nature Doctrine'. The test for determining whether something exists in nature or not as laid down in Chakrabarty's case is whether a hand of man is involved in creating…

BananaIP Reporter Intellectual Property, Patents November 27, 2018 585Views 0Like

Role of IP Policy in a Knowledge-Driven Company

This post was first published on March 26, 2010. An Intellectual Property (IP) Policy setting out the IP goals of a company in the light of its business goals plays a very important role in enabling the company to acquire competitive advantage from its IP. The IP Policy must lay down the framework in light of the company's IP strategy. Most IP policies cover aspects such as generation, protection, ownership, utilization, management, and commercialization of IP. They also include…

BananaIP Reporter Intellectual Property November 27, 2018 541Views 0Like

The Gene Returns to its Body

This post was first published on April 1, 2010. I’m still in denial of the summary judgment ruling provided by Judge Robert W. Sweet of United States District Court for the Southern District of New York in Association for Molecular Pathology v. USPTO on March 29th 2010. Looks like all that I read, understood and was convinced that gene patents demands a revisit. The 156 pages summary judgment that was issued on this Monday has for sure taken me by surprise.…

BananaIP Reporter Intellectual Property, Patents November 27, 2018 669Views 0Like

Swiss Claims are History!

This post was first published on February 24, 2010. If the 19th February decision (G02/08) from the Enlarged Board of Appeal (EBA) at the EPO is to be simplistically interpreted, “Swiss” Type claims are indeed history. As most of our readers must be aware of the nature of a “Swiss” type of claim language. A “Swiss” type claim is essentially used to cover the so called Second, Third and Subsequent uses/medical indications of a known substance or composition. Taking our readers a…

BananaIP Reporter Intellectual Property, Patents November 27, 2018 1285Views 0Like

Something More About Swiss Type Claims

This post was first published on February 25, 2010. On reading Siddharth’s post on the 19th February decision (G02/08) from the Enlarged Board of Appeal regarding the Swiss type claims, I got motivated to write something about the Swiss type claims and the reason for its birth and death. Like in India, Method of Treatment and Method of diagnosis (in vivo) has always been non patentable subject matter in Europe (Article 52(4)). Furthermore, before the concept of Absolute Novelty was introduced by…

BananaIP Reporter Intellectual Property, Patents November 27, 2018 701Views 0Like

Claiming with a Purpose, with the Blessings of the Inventor

This post was first published on March 1, 2010. Claims draw the boundary to the invention that is being claimed. The boundary that is being drawn must be carefully done in order to ensure that the claims serve their purpose. The point here is that every claim must have a specific purpose and must be targeted to a potentially infringing product or process, or be targeted to protect a specific implementation (in case of defensive approach). In order for the practitioner…

BananaIP Reporter Intellectual Property, Patents November 27, 2018 531Views 0Like

The featured image shows the word copyright written in blue colour on a white background. The post is about latest entertainment and copyright news. To know more, please click here.

Public Domain in Copyright Regime: Facilitating Right to Know

This post was first published on March 16, 2010. The interface between the right to know and limited monopoly over creative expressions to the authentic owner represent conflicts of interests. Proprietorial concerns on one hand and the social interests on the other need to be reconciled in almost every area where individual rights conflict with social concerns. If the copyright is considered as an extension of the right of speech and expression, it contradicts another fundamental right, i.e., right to…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Sports Law November 27, 2018 1879Views 0Like

Who’s Intellect? Who’s Property?

This post was first published on March 16, 2010. Contributed by Prof . Madabhushi Sridhar The print media comprises of newspapers, books both fiction and non-fiction. The copyright law regulating rights over economic benefits of ‘owners’ of electronic media are totally different in its impact compared to that of authors in print media. Electronic media refers to TV, radio, music album publishers, Internet, or online publishers, compute programme writing industry, etc. In electronic media, the investments are high, production process…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law November 27, 2018 4417Views 0Like

Copyright Limitations on Media Freedom

This post was first published on March 12, 2010. Contributed by Professor Sridhar Madabhushi The newspaper you read this morning, the TV channel you watched this evening, the movie you saw last week, the computer software you use to write a letter, the music you listen to in your system, they are all copyrighted. There is a paradigm shift from viewing copyright as a monopoly that the public is willing to tolerate in order to encourage innovation and creation of news works…

BananaIP Reporter Copyrights, Media and Entertainment Law November 27, 2018 2868Views 0Like

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

Words Are All We Have – Copyrights and Writers (Part 1)

"Its only words, and words are all I have ..." Barry, Robin & Maurice Gibb of Bee Gees gave us words that fluently roll off many tongues. Words are all writers have to express their love of words. They knit words to form creative expressions. It is these expressions on tangible media copyright law protects. Any expression on a tangible medium, which is original and creative is protectable as a copyright, and the first owner of this copyright is the writer.…

Dr. Kalyan C. Kankanala Copyrights, Intellectual Property November 27, 2018 710Views 0Like

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