BananaIP Archives

Copyrights and Moral Rights over Lyrics, Tablet Strip Trade Dress, & Diabetic Sugar Brand Cases

In this mixed post, we bring to you one copyright case and two trademark cases. The copyright case relates to infringement of copyrights in lyrics and related moral rights, and the trademark cases relate to trade dress violation and trademark revocation. With respect to trade dress, the Court has recognized a particular colour of a tablet strip in a given style as protectable. In the revocation case, the ‘Diabeat’ trademark adopting a similar packaging has been revoked. Case notes Maintain Accounts…

January 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property 0Comment 381Views 0Like

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Indian Patent Statistics Report – 2023

BananaIP is pleased to release the 2023 Patent Statistics Report. This document offers a comprehensive overview of patent activities in India, including publications, examinations, grants, and refusals. It compares data from 2019 to 2023 and includes city-wise patent statistics and performance metrics of various patent offices. Key Insights The report reveals the following significant trends: Patent Publications: There's a notable increase in patent publications in 2023, showing a 56% rise since 2019. Patent Grants: The number of patents granted has…

January 15, 2024 BananaIP Reporter Intellectual Property, Patent & Design Statistics, Patents 0Comment 772Views 0Like

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Trademark cases relating to Cricket Helmets, Biscuits, Edible Oil, and Tobacco

In this post, we have put together 4 trademark cases that relate to trade dress and wordmark infringement/passing off. The cases involve products such as cricket helmets, biscuits, tobacco, and edible oil. In all the cases, trademark owners have been able to get positive orders in their favour. Good Day Vs. Good Times for Butter Cookies: Delhi High Court restrains the use of Blue and Yellow packaging and 'Good Times' mark for Butter Cookies. In a case involving the use of…

January 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 477Views 0Like

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Patent Examination and Pre-Grant Opposition are independent processes

Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and…

January 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 415Views 0Like

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The IP Profession: An Ideal Career Path for Persons with Disabilities in India

Pursuing a career in Intellectual Property (IP) is a promising, rewarding, and accessible choice for persons with disabilities in India. The IP field is known for its diverse opportunities and inclusive nature. Why choose the IP Profession? Here are some reasons why IP is an excellent career option for individuals with disabilities: Any Educational Background: The IP profession is available for individuals from any educational discipline. It's not limited to law graduates, and persons with disabilities having arts, commerce, business, science,…

January 9, 2024 BananaIP Reporter Accessibility, Intellectual Property 0Comment 274Views 0Like

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Comments and Suggestions on the Draft Intellectual Property Rights Rules

Our Comments on the Draft IPD Rules of Calcutta High Court

BananaIP has submitted its comments/suggestion with respect to the Draft IPD Rules of the Calcutta High Court. Through this post, we are sharing the submission made to the Court. Continue Reading Our Comments on the Draft IPD Rules of Calcutta High Court

January 8, 2024 BananaIP Reporter Accessibility, Intellectual Property 0Comment 268Views 0Like

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Copyrighted Music in Restaurants, Unlicensed Movies, and Storytelling Platforms

Through this blog post, we bring to you three copyright cases relating to ground licensing, movie licensing, and copyrights relating to storytelling platforms. While the licensing cases cover the consequences of using unlicensed and unauthorized copyrighted works, the storytelling platform case throws light on what is copyrightable and copying what amounts to infringement. Continue Reading Copyrighted Music in Restaurants, Unlicensed Movies, and Storytelling Platforms

January 8, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 399Views 0Like

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Indiamart cannot claim Intermediary Status, says Delhi High Court

Indiamart is prima facie infringing Puma’s trademark, and it cannot claim intermediary safe harbour as its actions do not amount to the requisite due diligence required under the intermediary guidelines, says the Delhi High Court. Continue Reading Indiamart cannot claim Intermediary Status, says Delhi High Court

January 5, 2024 BananaIP Reporter Case Reviews, e-Commerce Law, Intellectual Property, Trademarks 0Comment 617Views 0Like

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Divisional Patent Filing, Patent Claim Amendments, Assessment of Damages, and DUS test for PV Protection

In this post, we bring to you 3 interesting patent cases and a plant variety case. These cases relate to: when divisional patent applications can be filed? if claim amendments can move from method to gel formulation, assessment of patent infringement and damages based on publicly available data, and the role of DUS test in Plant Variety Protection. Continue Reading Divisional Patent Filing, Patent Claim Amendments, Assessment of Damages, and DUS test for PV Protection

January 3, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents, Plant Varieties 0Comment 1093Views 0Like

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Madras High Court’s Progressive Stance on Patent Claim Amendments and Other Aspects

In this post, we at BananaIP bring to you select Patent cases relating to Patent Claim amendments, Patent exclusions, and Patent orders. Amending polypeptide patent claims mentioning specific sequence IDs to polynucleotide claims mentioning the said sequence IDs is permitted, says Madras High Court. While dealing with the rejection of a patent application based on impermissible claim amendments, the Madras High Court reiterated that claim amendments are permissible as long as the amendments are disclosed in the specification. After reviewing the…

January 2, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 421Views 0Like

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Celebrating 20 Years of IP Excellence

Copyrights and Moral Rights over Lyrics, Tablet Strip Trade Dress, & Diabetic Sugar Brand Cases

Indian Patent Statistics Report – 2023

Trademark cases relating to Cricket Helmets, Biscuits, Edible Oil, and Tobacco

Patent Examination and Pre-Grant Opposition are independent processes

The IP Profession: An Ideal Career Path for Persons with Disabilities in India

Our Comments on the Draft IPD Rules of Calcutta High Court

Copyrighted Music in Restaurants, Unlicensed Movies, and Storytelling Platforms

Indiamart cannot claim Intermediary Status, says Delhi High Court

Divisional Patent Filing, Patent Claim Amendments, Assessment of Damages, and DUS test for PV Protection

Madras High Court’s Progressive Stance on Patent Claim Amendments and Other Aspects

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