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Intellectual Property News and Analysis – Intellepedia

Making Institutional Research Count

Intellectual Property

This post was first published on 25th July, 2013.   Public Funded Research Institutions and educational institutions in India have begun to realise the importance of commercialising their Intellectual Property, a phenomenon that was long overdue. While a large number of these institutions are yet to be woken up to the trend, those that have tasted success are willing to explore further in order to push their returns northwards. Commercialising intellectual properties of research institutions has obvious benefits: when returns grow up in proportion to the research investments, institutes will feel little need to look elsewhere for funds; commercialisation is the most convenient...

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Doctrine of Foreign Equivalents – Part 2

The image reads Trademarks. The post is about interesting development in trademark law. Click on the image to read the full post.

This post was first published on 14th October, 2014.   As discussed in our earlier post, the Doctrine of Foreign Equivalents under the Trademarks Law requires the Trademark Office to translate foreign words to English in order to determine whether certain marks qualify for trademark registration or not. In this post, we are looking into whether the Indian Courts consider this doctrine an acceptable principle of the Trademark Law. Indian Courts have not faced the question of applicability of this doctrine in many cases yet. The Bombay High court had discussed the applicability of the doctrine in the 1997 case of Aktiebolaget Volvo of...

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The TSM Test and Non-obviousness

This image depicts two dolphins jumping high over the sea with the sunset in the Background. This image is relevant as it deals with TSM test which is the Teaching, Suggestion and Motivation test. Click on the image for more information.

This post was first published on 6th December, 2014.   TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked: Is the prior art quoted instrumental in teaching the reader the method of producing the invention? Does the prior art or any of its contents suggest any method of producing the invention in question? Does the prior art talk about problems related to a particular technology motivating an invention in a particular manner? It must be well understood by now that...

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Talking Walking Stick – Blind Patents 1

This post was first published on 19th August, 2014.   Every blind person aspires to live a life of independence, a life of freedom and free will, a life free from intrusion, physical and psychological. Some patented inventions have attempted to enhance this very independence, and I will, in my upcoming posts, endeavor to take an unbiased look at some of them. In 1991, Hsieh Chi-Sheng filed a patent for an electronic talking stick for the blind. Before we get into details, one must understand the role of a stick, or cane, in a blind man's life. It is, simply put, the most important tool for...

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A Peek into the Central Board for Film Certification

The image depicts a sign "Restricted -18 years and above"

This post was first published on 2nd September, 2014.   What is the Central Board of Film Certification (CBFC)? The Central Board of Film Certification (CBFC) is a statutory body under the Ministry of Information and Broadcasting, regulating public exhibition of films under the provisions of the Cinematograph Act, 1952. Films can be publicly exhibited in India only after they have been certified by the CBFC. What is its constitution? The Board consists of non-official members and a Chairman (all of whom are appointed by the Central Government) and functions with its headquarters at Mumbai. Leela Samson is the present Chairman of the CFBC. It has...

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Sense your Surroundings – Patents for the Blind 5

This image depicts a person wearing a black glass. This image is relevant as the post is about Wearable navigation assistance for the vision-impaired. Click on the image for more information

This post was first published on 15th September, 2014.   In my earlier posts (Post1, Post2, Post3, Post4), we discussed the mobility of a visually disabled person that is directly proportional to his awareness of the environment. The more he knows about his surroundings, the easier it gets for him to move around. An issue in achieving this, is the extent of the person's sensory involvement. Most blind people use auditory signals to understand the state of the environment and a navigation device is better off leaving sound signals alone. The touch is another sense that is extensively used for mobility. Owing to the human...

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Salient Features of the US Patent Reform Act 2011

This post was first published on 15th September, 2011. The patent reform bill is now awaiting approval from the President to become the law of the land.  The bill proposes many changes to the existing US Patent Act.   Below listed are few important provisions included in the bill: First-Inventor-To-File: US patent system will now operate on first-inventor-to-file instead of its earlier operation system which was first-to-invent. The first-inventor-to file system provides certainty with respect to the invention date thereby enabling the Examiner to select appropriate prior art for judging the patentability of the invention. Further, 1 year grace period for disclosures by...

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Clips of Copyrighted Material Constitute FAIR USE!

This Image depicts the Logo of 'Fox News'. This Image is relevant as the article deals with the Fair Use of Copyrighted Material. Click on this Image for more Information.

This post was first published on 19th September, 2014.   In a recent copyright dispute, a New York Court recently held that a database providing for television clips and snippets of transcript constitute fair use, protecting it from allegations of copyright infringement. TVEyes is a company that monitors and records all contents broadcast by more than 1,400 television and radio stations and transforms this content into a searchable database for its subscribers. TVEyes allows its subscribers to use search terms and obtain transcripts and video clips of the portions of the television show that used the search term and further are allowed to download and...

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What Makes the World’s First Turbo Diesel Motorcycle Vibration Free?

This image depicts Royal Enfield's Turbo model of Bike. This image is relevant as this is the first ever diesel engine powered bike which does not vibrate. Click on this image for more information

This post was first published on 25th August, 2014.   Owing to the ever increasing gas prices, fuel efficiency offered by vehicles has become a strong deciding factor among buyers. Diesel bikes are a great benefit for people obsessed with fuel efficiency but unfortunately diesel bikes are currently not offered by any OEMs for the masses. Royal Enfield’s Taurus was the only diesel motorcycle that was in mass production until some time ago. The vibration produced by diesel engines in a motorcycle, jolts the rider and makes travel tiresome, and eventually the user may even start feeling the strain through pain in his/her elbow...

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Intellectual Property Protection for Computer Programs – Part II

The image has green lines over black background to indicate digital information. The image is relevant as the post is about IP protection of Computer Programs. Click on image to view post.

This post was first published on 1st September, 2014.   In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws. Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled with systems, were not sold through retail channels of distribution. Manufacturers could protect their technology through contractual agreements and Trade Secrets....

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