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Intellectual Property News and Analysis – Intellepedia

Chapter II. 301 Report on Indian Patent System – Comprehending Apprehension or Apprehending Comprehension?

This post was first published on 18th May, 2014.   The 25th Special 301 Report of 2014 keeps India on the Priority Watch List and the USTR hopes to run an out-of-cycle review in Fall, after the New Indian Government is formed. After emphasizing on the need to balance Incentives for Innovation and Domestic issues in India, the Report puts forth the various concerns on the Patent System in India: Patent Process Commending the measures taken by the Indian Government, such as Digitization, Online Search & e-Filing upgrades and Initiatives to hire Examiners, the Report focuses on the need for steps to clear the backlog of patent applications through...

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An “Illuminating” Technology Boost to Cricket!

The image depicts a cricketer at the stumps.

This post was first published on 8th April, 2014.   The 2014 T20 World Cup has finally concluded and a new cricket champion is born - Sri Lanka. This edition was thrilling and we witnessed a lot of close contests and nail biting finishes. Well, if you're wondering about the relevance of this category of post on an IP blog, the fact is, this edition of the T20 World Cup was especial not just for ardent cricket fans but for technology enthusiasts too, bringing us to the relevance of this post on this blog. Those who watched the World Cup matches this time around...

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Statutory Licenses for Broadcasting – Part V: Notes on Copyright Amendment, 2012

The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

This post was first published on 28th June, 2014.   The 2012 Copyright Amendment codified Statutory Licenses for radio broadcasting and has added television broadcasting to be within the scope of the license. Section 31D deals with statutory licenses for broadcasting. It reads as follows: "31D. Statutory licence for broadcasting of literary and musical works and sound recording. (1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section. (2) The broadcasting organisation...

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PTech Industry Split – Proposed Indian Patent policy

This post was first published on 18th August, 2014.   A heated debate has erupted between the Tech Giants about the newly proposed amendment in the Indian Patent act. The Tech industry is discussing the pros and cons of implementing the suggested change. What is proposed in this new changed policy? The new policy that is proposed aims to protect essential patents in the technology space. It is called the Intellectual Rights Policy and it proposes to set a framework for the licensing of essential patents in India. What are the points of difference between the old policy and the new one? The key point of difference is...

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Fly Like Superman

The image is from Superman Comics. The post is about a patent application for hyperspace teleportation. Click on image to view post.

This post was first published on 28th November, 2011.   Everybody as a kid must have fantasized to fly like Superman. Did you ever imagine teleporting yourself from one place to another, just in a jiff? To sweep you off your feet here is a patent application which may remind you of Superman. I found a patent application which may turn your dream of teleporting yourself from one place to another into reality. A patent application (US 20060071122) titled “Full Body Teleportation System” filed by John Quincy St. Clair in Sep 2004 discloses a technique to teleport a human being through hyperspace...

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Intellectual Property Protection for Computer Programs – Part I

This post was first published on 28th August, 2014.   A computer program is an intellectual creation and can be protected by Intellectual Property (IP) Law, particularly by Copyright and Patent Laws. The manner of IP protection for computer programs is a hot topic of debate, primarily due to the fact that current IP regimes are not effective in dealing with their protection comprehensively. There is a lot of ambiguity with regard to their protection because of the technical complexities in computer programs and the difficulty in integrating them with existing IP laws. Software does not fit comfortably into established legal categories. For instance, there is a lot of...

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Idea Expression Dichotomy

The image depicts a quill dipped in ink bottle. The post is about expression of ideas. Click on image to view post.

This post was first published on January 22, 2011. We all love reading. Fiction, Non- fiction, Self Help, Post Modern Literature,  Verse, and Limericks -our tastes vary. It’s a point to be noted that the authors of the books we love reading so much write exercising the faculties of their brains, ideas stemming from their brains and then expressing it in words, putting it in paper. Therefore, it’s very important that the authors have full right over their creation. But, many ideas arise from something that is already present and in the case of literary works what needs to be checked...

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Grounds for Refusal of Trademark Registration – Part III

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

This post was first published on 8th July, 2014.   In today’s post, we’ll be talking about Section 9(3), thereby concluding one half of the series, i.e., absolute grounds for refusal of registration of trademarks. Section 9(3) talks about the registrability of the shape of goods. As per the provision, a mark shall not be registered as a trademark if it consists exclusively of: Shape of goods which results from the nature of the goods themselves; Shape of goods necessary to obtain a technical result; or Shape which gives substantial value to the goods. The primary object of this provision is to ensure that...

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Where Some see a Wheel, Others See a Wheel of Fortune!

This post was first published on April 24, 2014.

 

Hridayeshwar Singh Bhati from Jaipur, India, holds a design patent on a 6-player Chess Game. Not impressed? Ok, let’s picture this. He was born in 2002, so he’s only about 12 years old now. Not satisfied yet? Then how about the fact that he has a condition called Duchene Muscular Dystrophy, which has him confined to a wheelchair!

Sinapse Blog finds it extremely rewarding to bring to its Readers, this item of spectacle of a India’s youngest Innovator with many odds mounted against him. We see and salute the innovation here, arguably in its purest form! Hridayeshwar invented this game variant when he was 9 years old and was granted a design patent a year later, in 2012.

Licensing Copyrights in India

The image has the copyright symbol with the text next to it. The post is about licenses. Click on image to view post.

This post was first published on 27th June, 2014.   The owner of the copyrights of any work may grant a license under the Copyright law to authorize a third party to use and distribute the copyrighted work. A copyright license may be exclusive or nonexclusive. The term Exclusive License is defined in section 2(j) of the Copyright Act to mean and include a license which confers on the licensee and the persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright of a work. Although assignments and licenses are both contracts involved with the transfer of rights for...

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