24 July 2019

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Works Made for Hire and Film Production – Part I: Notes on Copyright Amendment, 2012

The image shows a man holding a placard reading "Will work. Made for Hire". The post is about works for hire. Click on image to view post.

This post was first published on 24th June, 2014. 'Made for hire' works are of two types: a. Works created under a contract of employment or apprenticeship (Contract of Service); and b. Specially commissioned works (Contract for Service). Copyright Law, with respect to works made for hire is codified under Section 17 of the Indian Copyright Act. Clauses (b) and (c) of the section are specifically relevant to this article. They read as follows: "17. First owner of copyright...

24 July 2019

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Can Combining Contrivances Give Rise to Inventive Step? – An IPAB Case Note

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was published on 24th January, 2014. Eaton Electric BV Vs. Deputy Controller of Patents and Designs, Intellectual Property Appellate Board (IPAB) Decision - Mp. No. 86/210, Decided on 14th July, 2011. Invention: A hygrometer is used in combination with the arrangement of a moisture absorbing agent, which is provided inside the enclosed housing of a Switch Gear. Prior Art: 1. Switch gear in enveloping housing filled with dry air to control Arc energy. 2. Introduction of moisture absorbing agent to reduce water content in the air. Question: Does the invention possess an inventive step in light of the prior art? The invention is an improvement over existing switch...

24 July 2019

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Crossing the Rubicon: A Fork in the Road – Go Right or Left?

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 24th July, 2014. Case Analysis of Dr. Aloys Wobben and another vs. Yogesh Mehra and others. CIVIL APPEAL NO. 6718 OF 2013 Facts: Dr. Aloys Wobben (Appellant) owns approximately 2,700 patents in more than 60 countries of which 100 patents are in India in the field of wind turbine generators and wind energy converters. Appellant was carrying out the manufacturing process in India through a joint venture partnership with the Yogesh Mehra and Ajay Mehra (Enercon India Limited) (Respondents). Intellectual Property licence agreements to use the technical know-how of the inventions, was granted to Enercon India Ltd. by the Appellant and...

24 July 2019

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India’s Copyright Societies & Collective Rights Management – Part VI

Posted by BananaIP Reporter

in Copyrights, Intellectual Property, Media and Entertainment Law

This Image depicts the Word Art of 'Copyright'.This Image is relevant as the article deals with the Bombay High Court's Clarification on grey areas in Copyright Amendments Act,2012. Click on this Image for more Information.

This post was first published on 4th August, 2014. The primary purpose of a Copyright Society, also referred to as a Copyright Collective, is Collective Rights Management. A typical society acts as a middle man between authors/owners of copyrighted works and the Licensees of such works. Simply put, authors transfer all or some of their rights to the society and the society, in turn, licenses those rights, collects royalty and distributes the royalty among authors. The society also collects an administrative, management or facilitation fee for this activity. Such fee is normally in the range of 10-15% of the license fee. Collective...

24 July 2019

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Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

Posted by BananaIP Reporter

in Intellectual Property, Patents

The image depicts the text 'Delhi High Court'

This post was first published on 24th April, 2012. The relevant paragraphs of the case are reproduced below, a case brief will follow soon: 60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage of pre-grant opposition, who could be „any‟ person, and the opposer at the post-grant stage, who could only be a...

24 July 2019

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All is Not Lost: How to Restore your Priority Right!

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 24th July, 2014. We are well aware of the importance of the Priority Right and therefore also know what losing a priority right can cause. It may throw even the strongest of inventions off balance. A valid priority claim would give us the priority date which is the date of filing of the first application. This date is also known as "effective date of filing” in many jurisdictions. In other words, as the name suggests, the prior art that is taken into account for examining the novelty and inventive step/non-obviousness of the claimed invention is the information available to...

24 July 2019

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Patent Filing Requirements in India

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 14th January, 2011. Filing of a Patent application in India has been simplified by the option of E-filing software. With the use of digital signature an authorized patent agent or applicant can directly file a patent application in the E-filing software. Normally, a patent application can be filed by the true and first inventors or the assignee having acquired the authority from the true and first inventors. The following documents/forms are required at the time of filing an application either through E Filing software or hard copy filing: Form-1: An Application for grant of patent on Form-1...

24 July 2019

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Re-Classifying Patent Search- Cooperative Patent Classification (CPC)

Posted by BananaIP Reporter

in Intellectual Property, Patents

This post was first published on 4th November, 2011. One of the strategies adopted by the examiner/searcher while performing a prior art search is to identify the classification of the invention's subject matter. Patent classification is a way by which a patent office arranges identical or similar patent documents. A patent document can be classified in several classes. There are numerous patent classification systems available across the world such as International Patent Classification (IPC), United States Patent Classification (USPC), European Classification (ECLA), F-term and Derwent classification system. Most of the countries incorporate IPC on their patent documents. The IPC is generated by...

24 July 2019

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Distant Touch – Patents for the Blind 4

Posted by BananaIP Reporter

in Intellectual Property, Patents

This image depicts a blind man holding a stick and trying to cross a road. This image is relevant as a patent has been awarded known as Orientation aid for the blind and the visually disabled. Click on this image for more information

This post was first published on 4th September, 2014. A cane, as I had mentioned in one of my earlier posts, is a blind person's lifeline. It allows a person to make his way around by means of touch from a distance. The length of the cane may vary based on a person's height, and on an average, it allows a blind person to feel for objects up to about a distance of 1.2 metres. Traditional canes operate completely on the basis of touch. Owing to the development of sensing technology from deploying infrared rays to lasers, several people have tried to make contactless...

23 July 2019

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Personality Rights in India – Part I

Posted by BananaIP Reporter

in Intellectual Property, Media and Entertainment Law

This Image depicts the word art of 'Personality'. This Image is relevant as the article deals with the Persoanlity Rights in India. Click on this Image for more Information.

This post was first published on 23rd June, 2014. Intellectual Property (IP) has been continuously evolving. It is now not restricted to just categories like Patents, Trademark, Designs and Copyrights. Judicial activism has widened the scope of IP to cater to new forms of protection, one such addition is "Personality Rights". Personality Rights are made up of two kinds of rights: the Right to publicity and the Right to privacy. The Right to publicity which is usually attributed to celebrities or famous people is of great importance to the entertainment and media field. Right to Publicity means the right to control commercial exploitation of one's successful personality and prevent...

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