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Intellectual Property News and Analysis – Intellepedia

OCR: Credibility of India’s Intellectual Property Enforcement in Question

This image depicts the logo of the Executive Office of the President of the United States. This image is relevant because in this post, the U.S. talks about the credibility of India's Intellectual Property Enforcement. Click on the image to view full post.

United States Trade Representative (USTR) ordered an Out of Cycle Review (OCR) for India in October. While the USTR insists that the aim of this exercise is to provide constructive feedback to India in order to improve its IP protection and enforcement, many in India are not happy about this move. Not only has the government criticized this move, but also refused to participate in it arguing that the US laws are not applicable to India. Nirmala Sitharaman, India’s Commerce Minister, had informed the Parliament, “The Special 301 process is a unilateral measure taken by the United States under their...

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Can you sue if your tweet gets copied?

  Here is the next post in the series of Student Blog Contest.  The Internet is often considered the Wild West of laws; People believe that laws that exist offline do not apply online, or there exist different rules of behaviour. So when you tap out a tweet and hit send, putting it in public domain, can you sue if it gets copied? Short answer: No. Long answer? It’s complicated. Copyrighting a tweet is extremely hard, for various reasons. Reporting on facts, common situations, or communicating, are not copyrightable, even when done in an original manner. Grabbing titles from newspapers, or even making one up,...

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Congratulations to Rajiv Aggarwal, India’s New Controller General of Patents, Designs and Trade Marks

Intellectual Property

Sinapse congratulates Rajiv Aggarwal, IAS officer and Joint Secretary of DIPP - Department of Industrial Policy and Promotion, for being appointed as the new Controller General of Patents, Designs and Trade Marks (CGPDTM) of the Indian IP Office. He assumed charge on March 18, 2015. Rajiv Aggarwal will be the third IAS officer who will be heading the Indian IP Office. Previously, Mr. Chaitanya Prasad and his predecessor Mr. P H Kurian held the position. These appointments gesture a change in trend from such positions being held only by Examiners or Patent Specialists. The tenure of the earlier CGPDTM, Chaitanya Prasad, lasted 3 years. Mr. Prasad’s...

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Digital Rights Management : An Analysis

  Laws alone cannot eliminate copyright infringements. For copyright law to take its course, there have to be effective detection of infringements and identification of infringers. Furthermore, as with any property rights, owners of copyrighted content have to take certain measures to protect their copyrights before expecting law enforcement to aid them. Digital Rights Managements and ETMs are such measures a copyright owner is expected to take in order to protect his copyrights in the digital world. The term Digital Rights Management (DRM) broadly refers to a set of policies, techniques and tools that guide proper use of digital content. Simply...

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“Blurred Lines” for American Music Industry after Copyright Controversy

Music Copyright

On March 10, 2015, a panel of eight jurors of a California Federal Court found the artists Robin Thicke and Pharrell Williams guilty of copyright infringement in a plagiarism suit filed by the heirs of artist Marvin Gaye, alleging that the 2013 hit “Blurred Lines” by Thicke and Williams was a rip off of Gaye’s 1977 song “Got To Give It Up”. ‘Blurred Lines’, written and performed by Robin Thicke, T I and Pharrell Williams, was released on March 26, 2013 and became an immense hit worldwide, becoming one of the best selling singles of all times. However, it soon became...

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IP Event held in honor of Late Hitesh Barot

This image depicts an indoor auditorium where an IP Event held in honour of the Late Hitesh Barot. Click on the image to view full post.

I-HIPP (In-House Intellectual Property Professionals Forum), an IP Think Tank and advocacy group, had conducted a conference and moot court in memory of Hitesh Barot, a leading in-house IP counsel, on March 6, 2015 at ABB campus, Bangalore. Hitesh Barot, Senior IP counsel and Former Vice President of Technology Policy at General Electric (GE), was in a tragic accident that claimed his life on May 21, 2015. In a very unusual occurrence, Hitesh Barot was dragged by a crocodile into the River Narmada near Bhalod, his native village in Gujarat. Mr. Barot's illustrious career began at McCutchen Doyle Brown & Enersen in California...

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Case Brief: Shamnad Basheer v. Union of India & Others

The image depicts the Madras HC.

Article contributed by Heema Shirvaikar, Intern at BananaIP Counsels, 3rd-year Law Student at Symbiosis, Pune. Facts and brief history of case: In 2011, a Writ Petition was filed before the Madras High Court by Mr. Shamnad Basheer, seeking a Writ of Declaration, to declare the establishment of the Intellectual Property Appellate Board (IPAB) under the Trade Marks Act, 1999, and the Patents Act, 1970 as violative of the basic structure of the Constitution of India. Shamnad Basheer, founder of SpicyIP, an Intellectual Property law blog, was a Professor of Law, who holds the Intellectual Property Rights Chair at the Ministry of Human Resources and...

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Smartflash takes a $ 532.9 Mn worth bite of Apple

The image depicts the Logo of Apple Inc. The image is relevant as the post is about Apple losing to Smartflash. Click on the image for full description.

Apple, known for suing other high profile companies, gets a taste of its own medicine. Apple Inc. has been ordered to pay US$ 532.9 Mn after a federal jury in Texas found that its iTunes software infringed three patents owned by patent licensing firm, Smartflash LLC. To market and commoditize his patents, Patrick Racz, in the early 2000s established Smartflash. As a non-practicing entity, the firm operates solely through patent licensing and litigation. Smartflash, a Texas-based patent licensing company, sued Apple in May, 2013, alleging that iTunes software infringed its patents related to accessing and storing downloaded songs, videos and games. After...

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InterDigital Loses Patent Infringement Suits against Microsoft & ZTE

This image depicts the Microsoft logo outside the Microsoft office. This post is about a recent patent win that Microsoft had. Click on the image to read the full post.

In a recent patent battle, InterDigital, the patent licensing company, lost its appeal to revive patent infringement suits against Microsoft and ZTE’s phone unit (previously NOKIA). InterDigital had been fighting with Nokia over royalties for over 7 years before Microsoft inherited the fight when it purchased Nokia’s mobile device business. After the ruling, InterDigital’s share price came down by 3.4% to US$ 49.14. InterDigital had filed a lawsuit against Microsoft and ZTE claiming they had infringed on 5 of its mobile phone technology patents and had requested that the sale of phones, using this technology, be blocked. The US Court of Appeals for the...

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Strategic IP Audits – Presentation by Dr. Kalyan & Somashekhar

This image depicts the title Strategic IP Audits. This image is relevant because this post talks about a presentation on the said topic made at NLSIU. Click on the image to view full post.

[slideshare id=45506286&doc=smesandipaudits-150306012419-conversion-gate01] The presentation herein, by Dr. Kalyan Kankanala and Somashekar, was given at the National Law School of India University. Broadly speaking, the presentation takes us through the industries of Machine Tools, Plastics and Foundry. Keeping these industries in mind, major areas of IP are looked into such as patents, copyrights, trademarks, designs and trade secrets. Planning strategic IP audits using the available protectable IP in these industries along with the awareness of the actual protected IP is highlighted. It comes to a finish by giving appreciable methods of increasing the effective IP protected through IP audit strategies....

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