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Intellectual Property News and Analysis – Intellepedia

Patent Filing Essentials

This post was first published on 17th July, 2014.   When an individual is struck with an idea and an invention follows, it is advisable for them to gain monopoly over the invention's marketing rights via patent protection through relevant authorities. This write up briefly summaries the essentials of patent filing and protection. What is an Invention? An invention is a technological advancement that is not anticipated by publication in any document or used anywhere in the world including the country of the invention, before the date of filing of the patent application i.e., the subject matter of the invention should not have fallen in the public domain nor...

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Case Study – Trademark for Film Titles

The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

  This post was first published on June 27th, 2014.   What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film a suitable title. Titles act as the unique identifier representing their work. So, can titles be protected, and if yes, how...

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Delhi HC Interprets the Date of Grant of Patent

The image depicts the text 'Delhi High Court'

This post was first published on 27th April, 2012.   On request of one of our followers, we have revised the blog post titled, "Delhi HC Interprets the Timeline for Pre-grant Representation of a Patent" posted on 24th April. An important and essential question that came up before this Court in the case of Dr. (Miss) Snehlata Gupte vs Union Of India & Ors. was regarding when a patent is said to be granted under the Patents Act, 1970 (“Act”). In this case, the Court examined petitions having similar issues regarding when the patent was granted by the Controller and whether a...

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Version Recordings & Cover Versions – Part IV: 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 27th June, 2014.   The Copyright Amendment of 2012 moved the provisions with respect to cover versions of sound recordings out of fair dealing provisions under Section 52, into a specific statutory license provision. Making version recordings, re-recording of prior sound recordings, was earlier permitted under the Copyright Law, but codifying it as a statutory license provision formalizes the said activity in many ways. Furthermore, Section 31C, which deals with statutory licenses for cover versions clearly spells out specific conditions and limitations for making version recordings. The Section reads as follows: "31C. Statutory licence for cover versions. (1) Any...

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Trademark Registration process – Part II

The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

This post was first published on 7th July, 2014.   In continuation to my previous post, this post is with regard to trademark search and classification of different classes. A trademark search is required to be conducted prior to filing for registration of the mark. The purpose of conducting a trademark search is twofold: To understand and analyze the registrability of a trademark: The results yielded by a trademark search are used to understand the probability of registration of a particular trademark. The presence of a higher number of potentially conflicting marks indicates that there is a higher chance of receiving objections for...

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Trans-border Reputation of Well Known Marks – Part IV

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 7th July, 2014.   Spillover reputation of trademarks is a subject matter of endless legal tussles. Indian Courts and Tribunals frequently deal with cases related to foreign entities challenging honest and bona fide use of a similar mark by Indian entities even in situations where such foreign entities are not using their marks in India. In this post, we will discuss the concept of Transborder reputation. To claim Transborder reputation for a mark in India, the mark must be well known in at least one other country, but preferably several other countries. In addition to this, a substantial...

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Hey Funny Guy, Made of Flakes from the Sky!

The image is of a snowman. The post is about UPSTO granting a patent regarding constructing snowman. Click on image to view post.

This post was first published on 27th September, 2011. USPTO has granted a patent for building snowmen/women just before the arrival of winter. As most of the people across the world stand at the dawn of winter arrival, waiting for snowfall, Ignacio Marc Asperas has already received his early Christmas gift. Ignacio received a patent (US8011991B2) on 06 Sep 2011 for his invention titled “Apparatus for facilitating the construction of a snow man/woman” which was filed back in 2006. The invention discloses methods for creating the spherical shape of the body, rolling symmetrical snow balls, building arms, snow shoulders, uneven boulders that...

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Is Reporting Leaked & Copyright-Protected Material Equal to Contributory Infringement?

The image is a picture of Quintin Tarantino. The post is about a copyright claim by him. Click on image to view post.

This post was first published on 17th May, 2014.   "No", says a federal judge in California, dismissing Hollywood's star director, Quentin Tarantino’s claim against Gawker Media, LLC. Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight". Tarantino, a multiple Oscar winning/nominated writer-director, discovered that his copyright protected script was leaked. Gawker, on its website, reported the leaked Tarantino’s script in an article, the gist of it being that The Hateful Eight was leaked and that Quentin Tarantino had decided...

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Permission to File a Patent Application Outside India

This post was first published on 16th July, 2014.   This piece of writing tries to convey an important requirement under the Indian Patent law for an applicant residing in India who wishes to file patent applications outside India, directly. Any inventor or applicant is free to seek protection anywhere in the world. At times priority is given to a foreign country over India when there is less or no market potential to the invention in India or when the invention falls within the non-patentable subject matter in India. In India this privilege is not absolute, because it is necessary for any resident of India...

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YouTube Improves its Manual Copyright Claims System, Netflix Launches a New Mobile Plan in India, Reliance Introduces its E-Commerce Platform and more.

  Telugu Remake of Band Baaja Baaraat Restricted from Being Released in Any Format; India Inc. Loses 12.8 Cr. to Data Breach; YouTube Improves its Manual Copyright Claims System; New Zealand Contemplates Amendments in its Copyright Law; The Copyright Alternative in Small-Claims Enforcement Act (CASE) to be Passed in the US; Plex-The New Custom Streaming Service; Netflix Launches a New Mobile Plan in India; Google Launches its Shopping Platform in the US; Alibaba Supports SME’s in the US to Connect Globally; Reliance Introduces its E-Commerce Platform and more. NATIONAL Telegu Remake of Band Baaja Baaraat Restricted from Being Released in Any Format Yash...

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