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Intellepedia – IP News Center

Alice vs. CLS saga

This image depicts a Court Hammer being kept above a Computer Keyboard.This image is relevant as the post is about Alice vs. CLS Saga. Click on the image for more information

This post was first published on 19th September, 2014.   A thought is emerging in the US that the Alice vs. CLS decision was a game-changer and that software patent protection in the country has been seriously eroded. Let us see what happened between them and how it affects us. Who is Alice? Alice Corporation claims to be an innovator in financial markets. The Company has obtained patents on its innovations worldwide, including in the United States. It was founded by privately-held Alice Ventures (AV) in the early 1990s, National Australia Bank Limited (NAB) became a shareholder in 1995 and a 50% shareholder in...

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Prosecution History E’stop’pel!

This image depicts a prototype of word STOP being chained from both the sides. This image is relevant as this post is about Prosecution History E’stop’pel. Click on this image for more information

This post was first published on 3rd September, 2014.   All of us have experienced times when things don’t work the way we want them to when we really need them to. Exactly the same way, extended protection given to the patentee under the Doctrine of Equivalents (DOE) doesn’t always help you when you need it the most. Many a time, the application has to be amended in order to accommodate the Patent Law requirements, which is called the Prosecution History or File-Wrapper. Prosecution History Estoppel is an exception to the general rule of DOE (after the Festo case) which says that "where...

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Dr. Jonas Salk – The True Humanitarian

This image depicts a Black & WHite Photograph of Jonas Salk. This image is relevant as he is a true humanitarian who has invented Polio Vaccine. Click on the image for more information

This post was first published on 31st October, 2014.   Some people work towards finding solutions to a better way of life, round the clock. The youth of today is independent, confident and progressive. The world feels like a wonderful place to live in. But we wouldn’t have been able to “stand on our own legs”, literally, if not for a wonderful human being called Dr. Jonas Salk. October 28, 2014, on the day we celebrate as the birth centenary of the man who made billions of kids stand on their own legs, a small tribute to the great soul will be...

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Evidence Required to Determine Well Knownness of a Trademark – Part III

This image depicts several well known brand logos such as McDonald's and Coca-Cola. This post is about the transborder reputation of well known marks. Click on the image to read the full post.

This post was first published on 3rd July, 2014.   As discussed in my previous post, the claimant of well knownness of a trademark is required to prove the popularity of the mark among relevant public by submitting cogent, clear and convincing documentary proof. In this post, we will be discussing the list of documents that the courts or the Trademark Office considers as valid proof for determining the well knownness of a trademark. Although a hard and fast rule cannot be drawn with respect to the acceptable evidences before a court of law, the following list is drawn from interpretation of various...

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Tesla’s Open Source Patent Saga

  This post was first published on 1st July, 2014.   After the recent, almost philanthropic action of Tesla's, there seem to be several nagging unanswered questions looming in our heads. Here are a few that we have addressed for you, Dear Reader.   Who is Tesla? Tesla Motors is the name of a Californian Automobile Company founded in 2003 by a group of Silicon Valley Engineers who set out to prove that electric vehicles could be awesome. Their sports car Tesla Roadster hit the roads in early 2008, the car that can go from 0 to 60 mph in 3.7 seconds and travel for 245 miles per...

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Panacea of the People for More than Two Centuries

  This post was first published on 20th June, 2014.   Have you ever heard about 'Patent Medicines?' While not confusing the term with patented drugs, we should note that this term was associated with drug compounds in the 18th and the 19th century. They were not patented but Trademarked Medicines and were termed Nostrum Remedium in Latin. These medicines were sold with interesting names and tall claims of curing a long list of illnesses! Originally, patent medicines were named after the 'Letters Patent' granted by the English Crown. The first letters patent given to an inventor of a secret remedy, was issued during the late 17th century. The patent granted...

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Exclusive Marketing Rights and Stronger Patent Regime

This image depicts a signboard having CHANGE written on it. This image is relevant as India's patent Law has changed a lot after it became signatory to TRIPS. Click on this image for more information

This post was first published on 2nd September, 2014.   Trade Related aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO) came into effect in 1995 mandating all the developing member countries to bring in TRIPS-compliant national laws within ten years i.e., 2005. India became a party to the TRIPS Agreement in April, 1994. At that time, India's then-current enactment of the Patent Act, 1970 directly contravened Article 27 of the TRIPS Agreement. Upon coming into effect on January 1, 1995, TRIPS set out transitional periods for WTO members to introduce legislation complying with the obligations under TRIPS. For developing...

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Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?

This post was first published on 4th July, 2014.   Compulsory Licenses are licenses granted by the government or the patent office, irrespective of whether the patent holder gives consent to such a license. For most types of Compulsory Licenses, the granting authority fixes the royalty payable to the patent holder. Compulsory Licenses, with respect to patents, are of various types: General Compulsory License – Granted for all types of inventions when certain predefined parameters are satisfied; Compulsory License in National Emergency, or Public Health Crisis – Granted when there is a serious health emergency like an epidemic outbreak, or a rampant life threatening...

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Too much Success is Not Always Good: A Look at Genericization of Trademarks

The image depicts a tombstone with the Registered mark on it. This post talks about Trademark death due to genericization. Click on the image to read the full post.

This post was first published on 10th June, 2014.   Trademarks are vital for the commercialization and growth of an industry. It is a valuable asset for a business entity as it acts as a link between the goods and the producer. It is through trademarks that consumers identify a particular product, as a result of which, it can be rightly said that the reputation of a company is built on trademarks. As a brand gains popularity, it is subject to various attacks in the form of passing off and infringement. Asserting the mark against infringers is crucial for maintaining the reputation of...

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MUCOSOLVIN confusingly similar to MUCOSOLVAN

The image depicts the logo of Mucosolvan. This post describes a recent win for its trademark in a legal tussle. Click on the image to read the full post.

This post was first published on 5th January, 2014.   The Hon’ble Delhi High Court delivered another thought-provoking judgment on the 16th of December, 2013 related to the pharmaceutical industry. The plaintiff in the present case is Boehringer Ingelheim Pharma Gmbh & Co., a German company with its principal place of business in Germany, whereas the Defendant is IPCA Laboratories Ltd., with its principal place of business in Mumbai. The Plaintiff has been using the trademark MUCOSOLVAN since 1979 in 56 countries including India for pharmaceutical preparations used mainly for the treatment of productive cough. The trademark application filed by the Plaintiff before the Indian Trademark...

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