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Intellectual Property News and Analysis – Intellepedia

Models Sue for “use of persona”

  Five US models sued FashionGlama.com and two individuals for the use of their photographs (use of persona) for escort services, and on pornographic websites. These models had allegedly signed 6-month contracts for modelling services, and were shocked to find their photographs on unwelcome websites. The suit alleges fraud, misrepresentation, unauthorized use of photographs (use of persona), breach of reputation, and intentional infliction of emotional distress.   Though rarely pursued, such issues are very common in the Indian context as well. More often than not, we see photographs and persona of models being posted on obscene websites, and used to endorse unwelcome products. While...

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Analysis of Costa Rica Coffee (Café de Costa Rica) as a Geographical Indication

This Image depicts the close shot of dark roasted coffee beans. This Image is relevant as the article deals with the analysis of Costa Rica coffee as GI. Click on this Image for more Information.

National Protection: Costa Rica has no registered GI for coffee but has included Geographical Indications and Denomination of Origin in the Law on Marks and other Distinctive Signs, 2000. To increase access to the international market with high quality products, iCAFE has established the program “seven regions, seven coffees”. In this program, important coffee regions with an individual profile were identified. However, it is still under discussion if a GI should be nation-wide or region-wide. But various national regulations govern the coffee sector (executive orders):  Law No. 19302-MAG (1989) forbids production of any other variety than Arabica coffee  Law No. 2762...

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Mylan settles Patent Litigation with Pfizer

After Teva, Mylan has recently settled its patent litigation with Pfizer. After the settlement, a generic version of the drug is expected to hit the market in 2017, instead of 2020, the year of patent expiry in USA. The early release of the drug is expected to reduce the cost of the drug, benefiting millions of users as it happened in Europe and Canada in 2013/2014. The drug, Sildenafil, expired in Europe in 2013, and was the subject of patent term extension in USA by 8 years. Two patents protect its release in the USA, one expiring in 2019, and another in...

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Predicting Technological Growth using Patents

This image depicts a hand holding a glass ball having image of an eye over it. This image is relevant as it shows the Technological Growth using Patents. Click on the image for full description.

  Engineers at MIT (Massachusetts Institute of Technology) have developed a technique for forecasting technological advancement. Researchers successfully determined the improvement rates of 28 different technologies, including solar photovoltaic, 3-D printing, fuel-cell technology, and genome sequencing. They started by scanning approximately 500,000 technology related patents using a new method for selecting the patents that suit each technology. By analysing metrics of patents in each domain they found that some forward citations predict technological growth more than others. They devised an equation using those metrics and using the equation, figured out the rate of improvement for 28 technologies. They say their method is...

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Introduction to Pre-grant & Post-grant Oppositions to Patent Applications

The image depicts a Gavel which is used in the court to bring attention of the Court Personnel before any Ruling. It is relevant as the post is about Pre-Grant and Post-Grant Oppositions. Click on the image for full Description.

Chapter VI of the Patent Rules, 2003 deals with Opposition proceedings. Rule 55 states that opposition by representation against the grant of a patent be duly field via Form 7 and sent to the Controller in duplicate. Rule 57 lays down rule regarding filing of a written statement of opposition and evidence. By the Patents (Amendment) Act, 2005 a dichotomy was inserted for the first time in the Patents Act with effect from January 1, 2005 by providing for “opposition to pre-grant” of Patent vide section 25(1) and for "opposition to post-grant" of patent vide section 25(2). By reason of the Patents...

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Role of Intellectual Property in Promoting Creativity

This image depicts the title creativity. This image is relevant because this post talks about the real role played by IP protection in creativity. Click on the image to view full post.

Does the Intellectual Property Regime play a role in promoting creativity? As stated by most governments, the objective of patent, copyright, design and other laws is to promote the progress of inventive activity and creativity. Are these laws actually achieving their stated objective? While most of us would like to believe that they are, no empirical study has been able to conclusively prove so far that IP laws actually promote creativity. The logical question that follows would be whether we actually need an IP Regime? The answer is not easy because no study has been able to conclusively prove the...

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The Indian Institute of Management Bangalore IIMB-MHRD workshop ‘Primer on IPR’s and its Economics.

Dr Kalyan was invited to speak as a panellist at a workshop conducted at the Indian Institute of Management Bangalore (IIMB), Ministry of Human Resource Development (MHRD), IPR Chair on IP Management. The “Primer on IPR’s and its Economics” workshop was aimed to shed light on the concept of IP and discuss its economic theories related to the film and advertising industry. Date : 04/08/2015 [button link="http://www.sinapseblog.com/the-dawn-of-an-exceptional-ip-learning-approach-at-iimb/" newwindow="yes"] Read more[/button]...

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Existing Trademark blocks Apple Watch sale in Switzerland

In latest news, Apple has been banned from launching its new Watch in Switzerland as in other European countries, scheduled to be on April 24, 2015, because of an Intellectual Property Rights issue. They cannot use the image of an apple or the word 'apple' to launch their product in Switzerland because of a trademark from 1985. The trademark currently belongs to William Longe, who owns watch brand, Leonard, that first filed the trademark application. He applied to the Swiss Federal Institute of Intellectual Property to register the trademark on December 5, 1985 which was approved and registered on February 28, 1986...

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Activision’s “Copyright strikes” spark outburst in Call of Duty gamers!

In a wide array of videos popular on YouTube, gameplay videos have quite a fan following. These videos involve gamers playing some of the most popular games, for viewers to watch. While copyrights over such games are reserved with the developers, they often face allegations of copyright infringement. YouTube, in its attempts to discourage such infringing videos, has introduced “copyright strikes” whereby the account flagged by the content owner for alleged infringement receives a copyright strike from YouTube restricting the account holder’s access to certain features, such as live streaming, uploading videos longer than 15 minutes, YouTube video editor etc....

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Nanoparticle Phoresis, Immense Potential

This image depicts Motoactv Smartwatch. This image is relevant as the post is about Google and Cancer Treatment. Click on the image for full description.

  Calico, an independent R&D Biotech company established by Google Inc. and Arthur in 2013, is looking for ways to cure cancer, stop ageing and potentially make humans immortal. Google has been awarded a patent for ‘Nanoparticle Phoresis’ on March 5, 2015. The patent was filed in September, 2013 by Andrew Conrad, Head of Google’s Life Sciences division. The patent talks about Nanoparticle Phoresis which is a device that is able to transmit energy into a person’s body by radio frequencies, magnetic fields, acoustic pulses, infrared and many other means. This technology automatically modifies or destroys targets in the blood that have an...

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