25 July 2019

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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...

25 July 2019

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

Posted by BananaIP Reporter

in Intellectual Property, 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...

25 July 2019

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MUCOSOLVIN confusingly similar to MUCOSOLVAN

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

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...

25 July 2019

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Conclusion post: Ideas, Concepts, Scripts & Stories – Protecting Ideas…

Posted by BananaIP Reporter

in Copyrights, Intellectual Property

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 11th August, 2014. This post brings to a conclusion, the series on Protecting Ideas, Concepts, Scripts and Stories in the Entertainment Industry. Researchers have analyzed three cases on Confidentiality and its breach in the case of Intellectual Property Rights namely in the Urmi Juvekar Chiang case, the Zee Telefilms case and the Anil Gupta vs. Kunal Dasgupta case. The facts of the cases are similar, namely that all three have Plaintiffs that are companies or people who have made the creative concept of a television programme and shown the concept to a certain television channel, which, after first rejecting the...

25 July 2019

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Madrid Protocol- International Trademark Filing Becomes Easier

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

This post was first published on 11th August, 2013. India has been officially notified as a member to the Madrid Protocol on 8th July 2013 joining 89 other countries including the USA and European Union. What is Madrid Protocol The Madrid Protocol is an international trademark filing system that provides a cost-effective and efficient way for individuals and entities to secure protection for their marks in multiple countries by filing one application with the Indian Trademark office. At present, there are a total of ninety one Contracting parties that are members of the Protocol. The list of members of the Madrid Protocol may...

25 July 2019

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Indian IP Laws to Protect Traditional Culture and Folklore

Posted by BananaIP Reporter

in Intellectual Property, Traditional Knowledge

This image depicts ayurvedic preparations in a crucible. This post talks about the patentability of traditional knowledge. Click on the image to read the full post.

This post was first published on 8th November, 2014. Most places in the world, where traditional knowledge and folklore exist, face the challenge of multiculturalism and cultural diversity because they have both indigenous and immigrant communities. A balance has to be struck between the protection and preservation of cultural experience and traditional. Efficient cultural policies are required to meet the above challenges and free exchange of cultural experiences is required to make policies for effective protection of the same. A further challenge is to balance a wish to preserve traditional cultures with a desire to stimulate tradition-based creativity as a contribution to...

25 July 2019

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Cross-Border Patent Protection

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on July 16th, 2014. Patent protection is territorial in nature. A patent application filed in a country can entail the enjoyment of patent rights in that country only and thus a patent application has to be filed in countries where the applicant intends to gain protection. Thus in order to seek patent protection in multiple countries, the applicant will have to file the application in each of these countries. There is no limitation on the number of countries where a patent application can be filed. A foreign application can be made in the following ways: Direct...

25 July 2019

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Kylie Jenner File Trademark for Nail Products, Yoohoo Animated Series in Russia, Marayur Jaggery Receives GI Tag and Other News

Posted by BananaIP Reporter

in Intellectual Property, Trademarks

Indian Trademark Statistics for July (Forth Week), Prasar Bharti stopped from Using “Dish” for its DTH Services, Financial Advisor Enforces Rights to “Financial Quarterback” Mark, McDonald’s Outlets Reopened in Kolkata by McDonald’s, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels TRADEMARK QUOTE OF THE WEEK A product can be quickly outdated, but a successful brand is timeless- Stephen King INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had an increase in its work pace. The total number of applications disposed through show cause hearings has increased by thirty five percent (35%). Similarly, the total applications published in...

25 July 2019

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The Right Time and Means to Publish a Patent Application

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 18th July, 2014. If an invention has been published or publicly displayed, it will not be eligible for patenting except for in certain cases. As part of this post, we will look at an essential stage in the patenting process called Publication. We will also discuss the exceptions, where prior publication may not hinder the patenting of an invention. In India, once an application for a patent has been made, the application shall be published by the Patent Office for public inspection, before the expiry of 18 months from filing or priority date. Under Section 11A of the Indian Patent...

25 July 2019

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Denial of Opportunity to be Heard Violates Principle of Natural Justice

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 16th July, 2014. Today, we will take a look at a case where the IPAB ruled in favor of the appellant, remanding the case back to the Controller on the principle of natural justice! Telefonaktiebolaget Lm Ericsson (Publ) (Appellant) v/s Controller General of Patents and The Assistant Controller of Patents (Respondents) Case: This particular order is in response to an appeal filed by Ericsson against the order passed by The Assistant Controller of Patents rejecting the Indian application (5294/DELNP/2005) filed by them for an invention titled Secure Traffic Redirection in a Mobile Communication System, based on a corresponding...

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