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Intellepedia – IP News Center

Wacky Patents 4 – Mode-Enhanced Hindustani Music

This image depicts musical notes. This image is relevant as the article is about Mode enhanced Hindustani Music. Click on the image for more information.

This post was first published on 19th December, 2014.   It’s a musical world. From the pitter patter of raindrops to pulsating headaches, there is music everywhere. In many languages, voice modulation and tone become part of communication. Ever wondered if a method of creating music could be patented? Well, that’s exactly what Wacky Patent 4, Mode enhanced Hindustani Music is about. US Patent Application No. 10/082,777 filed in February, 2002 by two inventors of Indian Origin, Prabhakar Prahlad Jamkhedkar and Prashant Prabhakar Jamkhedkar, was granted Patent No. 6,750,387 in June, 2004. Now, on that note (pun intended), let's see what this patent is all about! Music is...

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Inventive Step of an Invention Analysed

This post was first published on 16th July, 2014.   We will today discuss a case in the Indian Patent history that showcases how the IPAB and the IPO analyse the Inventive Step or Obviousness of an invention. Green Cross Holdings (Appellant) v/s Controller of Patents and Deputy Controller of Patents (Respondents) Case: This judgment, passed on June 18th, 2014 by the IPAB, was based on an appeal made by Green Cross Holdings against the order made by Deputy Controller of Patents on Aug 13th, 2009, rejecting their application (Appl.no: 1563/DEL/2005) for the invention titled Pharmaceutical preparation of recombinant Factor VIII lyophilized without Albumin as a stabilizer. Objections...

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Fair Use vs. Copyright Infringement

The image has multiple copyright symbols in different colours. The post discusses some cases on fair use exception. Click on image to read post.

  This post was first published on 1st September 2014.   1. Cariou vs. Prince Photograph: Patrick Cariou - 2000; Adaptation: Richard Prince – 2008(both via artnet)  Richard Prince, the well-known appropriation artist - one who transforms the work of others to create new meaning in his work was sued by Patrick Cariou, a lesser-known photographer when Prince used several of Cariou’s photographs in a series of collages that were sold for tens of millions of dollars. Richard Prince, for an exhibition in the Gagosian Gallery, appropriated 41 images from a photography book by French photographer Patrick Cariou. Prince claimed Fair Use for the creation of his...

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Post-dating Patent Applications

This post was first published on 15th July, 2014.   A provisional patent application is usually filed with a singular purpose - To gain the first (earliest) filing date or to gain priority for the application. As we are aware, gaining priority or an earlier filing date is imperative to the patent grant process. Why then, do we find so many of us opting to post-date their provisional application before filing a complete specification? Post-dating refers to the shift in the Priority date of an application to a later date. The post-dating provision is available in various jurisdictions and in India, an application, whether provisional or...

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Alice vs. CLS saga

This image depicts a Court Hammer being kept above a Computer Keyboard.This image is relevant as the post is about Alice vs. CLS Saga. Click on the image for more information

This post was first published on 19th September, 2014.   A thought is emerging in the US that the Alice vs. CLS decision was a game-changer and that software patent protection in the country has been seriously eroded. Let us see what happened between them and how it affects us. Who is Alice? Alice Corporation claims to be an innovator in financial markets. The Company has obtained patents on its innovations worldwide, including in the United States. It was founded by privately-held Alice Ventures (AV) in the early 1990s, National Australia Bank Limited (NAB) became a shareholder in 1995 and a 50% shareholder in...

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Prosecution History E’stop’pel!

This image depicts a prototype of word STOP being chained from both the sides. This image is relevant as this post is about Prosecution History E’stop’pel. Click on this image for more information

This post was first published on 3rd September, 2014.   All of us have experienced times when things don’t work the way we want them to when we really need them to. Exactly the same way, extended protection given to the patentee under the Doctrine of Equivalents (DOE) doesn’t always help you when you need it the most. Many a time, the application has to be amended in order to accommodate the Patent Law requirements, which is called the Prosecution History or File-Wrapper. Prosecution History Estoppel is an exception to the general rule of DOE (after the Festo case) which says that "where...

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Exclusive Marketing Rights and Stronger Patent Regime

This image depicts a signboard having CHANGE written on it. This image is relevant as India's patent Law has changed a lot after it became signatory to TRIPS. Click on this image for more information

This post was first published on 2nd September, 2014.   Trade Related aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO) came into effect in 1995 mandating all the developing member countries to bring in TRIPS-compliant national laws within ten years i.e., 2005. India became a party to the TRIPS Agreement in April, 1994. At that time, India's then-current enactment of the Patent Act, 1970 directly contravened Article 27 of the TRIPS Agreement. Upon coming into effect on January 1, 1995, TRIPS set out transitional periods for WTO members to introduce legislation complying with the obligations under TRIPS. For developing...

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MUCOSOLVIN confusingly similar to MUCOSOLVAN

The image depicts the logo of Mucosolvan. This post describes a recent win for its trademark in a legal tussle. Click on the image to read the full post.

This post was first published on 5th January, 2014.   The Hon’ble Delhi High Court delivered another thought-provoking judgment on the 16th of December, 2013 related to the pharmaceutical industry. The plaintiff in the present case is Boehringer Ingelheim Pharma Gmbh & Co., a German company with its principal place of business in Germany, whereas the Defendant is IPCA Laboratories Ltd., with its principal place of business in Mumbai. The Plaintiff has been using the trademark MUCOSOLVAN since 1979 in 56 countries including India for pharmaceutical preparations used mainly for the treatment of productive cough. The trademark application filed by the Plaintiff before the Indian Trademark...

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Indian IP Laws to Protect Traditional Culture and Folklore

This image depicts ayurvedic preparations in a crucible. This post talks about the patentability of traditional knowledge. Click on the image to read the full post.

This post was first published on 8th November, 2014.   Most places in the world, where traditional knowledge and folklore exist, face the challenge of multiculturalism and cultural diversity because they have both indigenous and immigrant communities. A balance has to be struck between the protection and preservation of cultural experience and traditional. Efficient cultural policies are required to meet the above challenges and free exchange of cultural experiences is required to make policies for effective protection of the same. A further challenge is to balance a wish to preserve traditional cultures with a desire to stimulate tradition-based creativity as a contribution to...

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Kylie Jenner File Trademark for Nail Products, Yoohoo Animated Series in Russia, Marayur Jaggery Receives GI Tag and Other News

Weekly Trademark News

Indian Trademark Statistics for July (Forth Week), Prasar Bharti stopped from Using “Dish” for its DTH Services, Financial Advisor Enforces Rights to “Financial Quarterback” Mark, McDonald’s Outlets Reopened in Kolkata by McDonald’s, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels   TRADEMARK QUOTE OF THE WEEK A product can be quickly outdated, but a successful brand is timeless- Stephen King   INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had an increase in its work pace. The total number of applications disposed through show cause hearings has increased by thirty five percent (35%). Similarly, the total applications published in...

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