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Intellepedia – IP News Center

They Are All Honourable Men

This image depicts managers in discussion.

This post was first published on 10th July, 2012. The inevitable question once again - "How many IP managers know what they are doing with their IP?" While I am compelled to say all of them, it is sad that very few have a macro level picture. This opinion has not been pulled out of thin air, it is based on IP work of many professionals in the trenches. One reason for this gap, if I may call it so, is lack of quality IP management resources. Like four blind men perceiving an elephant based on the part they touch, many of...

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Harmonious Construction Can Ignore the Term Clause

This post was first published on 25th May, 2012.   The plaintiff Shemaroo Entertainment Ltd. has filed this petition in the Delhi High court against Amit Sharma & others. The case has been decided on 16th May 2012. Shemaroo Entertainment Ltd. contended that it held copyrights over the song “Thodi si jo pee le hai” from the movie “Namak Halal” and prayed towards restraining the Defendants from using the “Thodi si jo pee le hai” in their film “Department”; from releasing or distributing the film without deleting the portion of the song and also from exploiting the audio rights of the film...

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Part III: Descriptive Marks

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 September, 2014.   In continuation to the earlier post where we covered the US approach towards protection of descriptive marks, in the current post, we will be analyzing the circumstances in which descriptive marks can be protected in the EU. The EU position towards descriptive marks is clearly stated under Article 7(1)(c) of the Council Regulation (EC) No. 207/2009, which is couched in the similar language as that of the provision in the Indian Trademarks Act 1999, talking about the same. As per this provision, signs which consist exclusively of signs or indications which may serve, in trade,...

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Trademarking the Name of God? Huh! – Part 3

This image depicts Goddess Durga's face. This image is relevant for the post as it about trademarking the name of the Gods! Click on the image to read the full post.

This post was first published on 8th September, 2014.   In continuation to the previous post, we shall now have a look at other important cases where the issue of whether or not one can monopolize the name of the Creator by trademarking the name of God is discussed. In order to prevent unauthorized use of the picture of diety of Attukal Devi and description of "Sabarimala of Women / Streegalode Shabharimala (in Malayalam)", Attukal Bhagavathy Temple Trust has secured registration for the image / picture of diety as well as the descripion of Sabarimala of Women through registration by Application Numbers 1420800 and 1420799 (Check...

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Invention that Revolutionized the Industrial Revolution!

This image depicts the Steam Engine invented by James Watt. This image is relevant as the post is about the invention which has brought the Industrial Revolution. Click on the image for more information

This post was first published on 13th October, 2014.   Most of us have learned about the Industrial Revolution that took place in the 18th and 19th centuries, that ultimately resulted in the transition to the new manufacturing processes found even today. While I was reading about the industrial revolution, the question that flashed in my mind was, "Is there any invention that fueled the revolution?". Well, surprisingly (or not), the answer is a Yes! It's nothing but the Steam Engine. Let me tell the interesting story of the Steam Engine and its world famous inventor for our Readers who have a special...

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Patentability of Higher Life Forms

This image depicts the logo of Onco. This image is relevant as The case was about a patent application filed by the Harvard College for a transgenic mouse. Click on the image for more information

This post was first published on 5th September, 2014.   Today we will be discussing a case where the patent grant was rejected by the Canadian Patent Office as higher life forms are patent ineligible subject matter under the Act. Canada (Commissioner of Patents) (Appellants) vs. President & Fellows of Harvard College (Respondents) Case: The case was about a patent application filed by the Harvard College for a transgenic mouse. In the transgenic mouse, the genome was genetically altered with the insertion of an oncogene. The oncogene was inserted into fertilized mouse eggs which were then implanted into a female host. The off-springs produced with all of...

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Broadcasting Licenses under Sec. 31D of Copyright Amendment Act, 2012

This Image depicts the Copyright License Agreement. . This Image is relevant as the article deals with the Section 31(d) of the Copyrights Amendment Act,2012. Click on this Image for more Information.

This post was first published on 4th September, 2014.   The Copyright Amendment Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which authorizes the Copyright Board to grant licenses to communicate to the public by way of performance of a literary or musical work and sound recording, which has already been published after paying Royalty fixed by the Board. One question that is frequently raised with respect to this section is its relevance and applicability  to television broadcasters. In order to understand the meaning and scope of this section for radio and television broadcasting organizations, it is...

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Can There be a Patent for a Method of Patent Trolling?

This image depicts a Monkey standing with a stick and trying to describe what Patent Troll is with the basic definitions written in the Background. This image is relevant as USPTO has granted a Patent for a method of Patent Trolling. Click on the image for more information

This post was first published on 11th October, 2014.   How about committing the crime of killing all the criminals so as to prevent crime? Sounds outrageous, doesn't it? Well, then how about patenting the patent troll in order to prevent patent trolling? The USPTO is proof enough for granting some of the weirdest and craziest patents. But this one seems to be the cherry on the icing on the cake. Halliburton Energy Services Inc. has made an Application No. 11/741429 before the USPTO titled Patent Acquisition and Assertion by a (Non-Inventor) First Party against Second Party. Here is how the invention actually works....

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Soggy Pizza? Blame it on the Box!

This post was first published on 2nd April, 2014.   Vinay Mehta ordered pizza one evening. It was soggy from the steam trapped inside the box, a far cry from the crispy, steamy pizza he'd hoped for. Although this dampened the pizza's aroma, it was nowhere near dampening his spirit. Instead, Mr. Mehta resolved to end this problem once and for all. All it took was a little "thinking outside the box". Or was it inside? Here's how it goes: While the food packaging industry had almost entirely stagnated after solving the compression and cushioning problems of packaging boxes, no one had so much as...

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Mind your L’s and M’s: Licensing & Merchandising – Part 1

This Image depicts the images of various Merchandized Products. This Image is relevant as the article deals with the Licensing and Merchandizing in Entertainment and Sports Sector. Click on this Image for more Information.

This post was first published on 2nd September, 2014.   Merchandising is an extension of a brand into new categories. Any merchandise is created by securing license of different Intellectual Properties such as themes, images, songs or dialogues of a film, characters etc. It is in the past decade that Movie Merchandise and Character Merchandise has gained popularity in India. According to the industry reports, global licensing & merchandising is a huge business with its top 125 licensors accounting for sales amounting to more than US$ 184 billion. Disney is the largest global player and has generated sales of US$ 28.6 billion in...

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