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Intellectual Property News and Analysis – Intellepedia

Part I: Descriptive Marks – Can They be Protected?

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 published on September 01, 2014.

 

In India, a Trade Mark means a mark capable of being represented graphically and capable of distinguishing goods or services of one person from those of others. These are the basic requirements for a mark to be eligible for Trade Mark protection laid down under Section 2(1)(zb) of the Trade Marks Act, 1999. Apart from these qualifications, a mark should also not fall under the category of the marks mentioned under Section 9 and 11 of the Trade Marks Act, 1999.

In this category, are Descriptive Marks. One can ask a lot of questions about Descriptive Marks, some of which have easy answers.

What are Descriptive Marks? As per the provision, descriptive marks are those which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services. Such marks can include words like ‘best’ describing quality of a product, ‘mega’ describing the size etc.

Palani Panchamirtham Gets GI Tag, Chupa Chups Travels to Japan, Durian Trademark Infringement and Other News

Weekly Trademark News

  Indian Trademark Statistics for August (Second Week), Selena Gomes Files New Trademark, Tupperware to Open 30 Franchise-Run Stores, Ginsu Carves Licensing Program with JRL, Palani Panchamirtham Gets GI Tag and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “Define what your brand stands for, its core values and tone of voice, and then communicate consistently in those terms”- Simon Mainwaring INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has had a mixed week. The total number of applications published in the trademark journal have increased by twenty three percent (23%). Similarly, the total renewals...

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James Cameron: Revolution of Underwater Cinematography

This image depicts world renowned Movie Director James Cameron holding a Camera. This image is relevant as he has earn accolades for his Underwater Cinematography. Click on the image for more information

This post was published on September 04, 2014.

 

A movie, a series of pictures, combined with sound effects and the lighting, is entertainment to people and business to its makers. But a truly good movie is something that touches people at their deepest emotions and leave an impression. When I think of a film director who has given audience some of the best films, one person that strikes my mind is James Francis Cameron.

Some of his works include Titanic, Aliens, Rambo: First Blood Part II and so on. After Titanic, he began working on a project that took almost 10 years to make. The movie is none other than Avatar, which took the film industry by storm, and he received nominations in three Academy Award Categories.

Indian Patent Statistics Interesting Inventions, Patent Dispute Settlement, Patent License Agreement and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

Patent News Bulletin: Indian Patent Statistics, Indian Design Statistics, Interesting Inventions, Sony & Fujifilm settle patent dispute, OPPO signs patent license agreements with Intel and Ericsson and more” presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Indian Patent Statistics A total of 1360 patent applications have been published in the 32nd issue of the Patent Journal, 2019. Out of the 1360 applications published in the journal, 158 applications account for early publications while 1202 applications account for ordinary publications or publications occurring after the 18 – month period. A total of 438 applications have been...

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Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

Salient Features of the Proposed E-Commerce Guidelines for Consumer Protection

  The Government of India has recently unveiled the draft of the E-Commerce Guidelines for Consumer Protection, 2019, seeking inputs from stakeholders. The Ministry has given time until September 16, 2019 for the stakeholders to provide their suggestions, and to understand the applicability of the Guidelines in general. The two-fold objective of the Guidelines is: to ensure maximum consumer protection by checking fraud and unfair trade practices; and to protect the legitimate rights and interests of the consumers. The prime highlight of the Guidelines is the priority given to the interests of the customers transacting online. The guidelines consist of six sections in all,...

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Twitch Bans Gamers for Streaming a Copyrighted Debate, Flipkart Enters the Video Streaming Market, Karigar Store-Latest Addition on the Amazon Website and more

Copyright and Entertainment Laws News

The Information and Broadcasting Ministry is All Set to Monitor Digital Media; US Senate Judiciary Committee approves the Small-Claims Copyright Bill (CASE Act); Twitch Bans Gamers for Streaming a Copyrighted Debate; Flipkart Enters the Video Streaming Market; Facebook to Launch a Dedicated News Section; Karigar Store-Latest Addition on the Amazon Website; Fed-Ex Ends Partnership with Amazon and more. NATIONAL The Information and Broadcasting Ministry is All Set to Monitor Digital Media For the purpose of monitoring the media better, the Information and Broadcasting Ministry issued a notification on 7th August 2019, declaring that it is on the hunt for an agency for compiling...

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Shamnad Basheer, a Pioneer in the IP World Passes Away

We are  deeply saddened to learn about the untimely demise of Shamnad Basheer, a pioneer in the IP world. We will truly miss him and extend our heartfelt condolences to his family and friends. Shamnad's passing away leaves a void  in Indian Intellectual Property that cannot be easily filled. We will always remember  his contributions to IP law and policy, and will never forget his dedicated efforts towards making medicines accessible. BananaIP pays its tributes to  Shamnad, a noble and distinguished IP professional, who has left a legacy that will always be remembered....

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Patent Invalidation in the US: The Good, the Bad and the Ugly

This post was first published on July 18, 2014.

 

After studying citations from patents that were invalidated by US Judges, researchers from the London School of Economics commented, “Patent invalidation has a significant impact on cumulative innovation in the fields of computers and communications, electronics and medical instruments (including biotechnology). We find no such effect in fields involving drugs, chemicals or mechanical technologies.” Let us now take a look at why this discrepancy exists.

What is patent invalidation?

The Patents Act outlines circumstances under which a granted patent can be revoked on certain grounds.

Who is affected by this and how has this come to be?

Start-ups seem especially vulnerable to bad patent policy because they may not have the legal or the economic negotiating power to deal with big business. The researchers commented that when large patentees are involved, bargaining breakdown occurs and small firms are normally less capable of resolving disputes cooperatively, without resorting to the involvement of courts.

Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other News

Weekly Trademark News

  Indian Trademark Statistics for August (First Week), Kodaikanal Hill Garlic Gets GI Tag, Maurizio Collaborates with Filippo, Ola Expands Operations in Australia, Stan Lee Comes to Life: All American Licensing Partners with POW and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “The investment you make into a brand makes its name worth it” - Bernard Kelvin Clive INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a mixed week. The total number of applications disposed through show cause hearings has increased by eleven percent (11%). Similarly, the total applications published in the...

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Claim Drafting – Transitional Phrases

This post was first published on July 17, 2014.

 

A transitional phrase is a part of the claim that connects the preamble and the body. The Transitional phrase determines as to whether a claim is “Open” “Partially Open” or “Closed.”

Open Claim

An Open claim includes additional unrecited elements i.e., if a claim, which is Open, recites elements A, B, C and D, then an article which includes elements A, B, C, D and E infringes the Open claim irrespective of the fact that the article has an extra element E which is not recited in the Open claim.

The term “comprising” in a claim makes the claim Open.

In, Gillette Co. v. Energizer Holdings, Inc., 405 F.3d 1367 (Fed. Cir 2005), a famous and much talked about case, the claim at issue recited “A safety razor blade unit comprising a guard, a cap, and a group of first, second and third blades. ” The accused infringing product included four blades. The court said that the word “comprising” makes the claim Open and hence, the scope of the claim encompasses all safety razors satisfying the elements set forth in the claim thus concluding that the accused product infringed the claim.

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