+91-80-26860424 / 34

Call Us Today

LinkedIn

Search
 

Intellectual Property News and Analysis – Intellepedia

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...

Continue reading

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...

Continue reading

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...

Continue reading

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....

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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

The image depicts an Hygrometer.

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...

Continue reading

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

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...

Continue reading

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

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...

Continue reading
Speak with an IP Expert Today
close slider
css.php