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BananaIP Counsels > Posts tagged "designs"

Industrial Designs -Design Protection & Originality

This image reads original and has been used to denote originality in industrial designs.

  When it comes to registering industrial designs there is a lot of confusion as to what can be registered, and what cannot. Although it is clear that industrial design covers the aesthetic appearance of an article, there are certain standards that the article must qualify to be registerable subject matter. Section 4 of the Designs Act, 2000, already lists out the basic requirements for a design to be registered. In addition to this there are also a catena of common law judgments that further clarify the standards and scope of originality, and this was further clarified in the recent Crocs...

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Differentiating Patents and Industrial Designs

The featured image reads patents versus industrial designs.

Patents and Industrial Designs are both subsets of Intellectual Property Rights, along with Trademarks, Copyrights, Geographical Indicators, etc. Although these two types of Intellectual Property Rights are very distinct in nature, many tend to confuse the two. According to the World Intellectual Property Organization (WIPO), patents are an “exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.” Patent rights are granted to an inventor, by the government, and it permits such inventor to exclude others from making,...

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Patent and Design statistics in India : Recap 2018

The featured image shows a pie chart and a bar graph. This image has been used in the context to represent the patent statistics. To read more click here.

  What happened to patent filings in India in 2018? Did they increase? Or did they decrease? How many patents were granted and how did they compare with the previous years? Which city filed the most patents in 2018 and how did the other cities fare? In this post, we bring to you a recap of the patent statistics from 2018 and a comparison of these numbers with the stats of 2017. Publications A total of 37554 applications were published between January 2017 and December 2017, while a total of 39123 patent applications have been published between the 1st of January 2018 and...

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Designing Around Designs

The featured image shows a bunch of black pencils with the word Design written in the background in black and bold letters. The post is regarding designs. To know more click here.

This post was first published on February 14, 2010.   In furtherance of our posts with respect to patent infringement analysis, I would like to hereby write a note on analysis of design infringement and steps to be taken for designing around designs. Design infringement analysis and strategy for designing around registered designs assumes importance in the light of an increase in design protection in fashion, furniture, toys and other industries. While it is important for a designer to protect his designs, it is also equally important for him to ensure that his designs do not infringe on designs protected by others. Rights...

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Filing Design Applications in India

The featured image shows a coca cola bottle famous for the design of its bottle.

Design can be broadly described as the outer appearance or the shape of an article visible to the naked eye. In India and in most other parts of the world, a new and distinct design can be conferred Intellectual property protection as an Industrial design, provided it fulfills the parameters that have been laid down by the law for such protection.  Industrial Design protection is limited to only the aesthetic appearance of an article and does not extend to its functionality. Design is defined under Section 2(d) of Indian Designs Act, 2000 as "features of shape and configuration, ornamentation, pattern or...

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Ford patents round car, Smart wheelchair patents, BlackBerry sues Snapchat, USPTO issues notice on patent subject matter eligibility, Patent tip of the Week and other news

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.

“Ford’s Round Car, Smart wheelchair for differently abled people, BlackBerry sues Snapchat, FRAND case against Huawei and ZTE to proceed in UK, USPTO Issues Notice of Guidance on Subject Matter Eligibility, UK ratifies Hague Agreement, Mexican Design Law amended, to take effect from 27thApril, 2018, Patent Tip of the week and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week “In an action of infringement of design, it is not necessary that the two designs must be identical on all points and they should be exactly the same.”  -...

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Why the Name BananaIP? Why Not?

Why the name BananaIP

"Are you the Bananas?" the client asked, laughing loudly when we entered. "Yes, we are," I said, laughing with her. Almost every one laughs when we introduce ourselves for the first time. "Hi, I am from BananaIP." "Where did you say you are from? Ha Ha Ha" They can't help laughing. One even went to the extent of proclaiming, "Who in the right frame of mind calls an IP firm Banana!" "Me," I said instantly, summoning all my energies to put up a poker face. Laughter again. They laugh, and keep laughing, but never forget. BananaIP is engraved in their memories forever. "Why did a person like you call...

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Uber, Driverless car, Samsung, Rollable tablet, Patent Licensing, Disputes and Settlements, Apple, Qualcomm, Nokia, McDonald’s, Patent Tip 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.

Uber’s driverless car patent, Samsung’s Rollable tablet patent, Patent Licensing, Disputes and Settlements, Apple versus Qualcomm, Qualcomm versus Blackberry, Nokia versus Apple, McDonald’s Patent Infringement, Patent Tip and more, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. Patent Quote of the week People equate patents with secrecy, that secrecy is what patents were designed to overcome. That's why the formula for Coca-Cola was never patented. They kept it as a trade secret, and they've outlasted patent laws by 80 years or more. Craig Venter, American Biotechnologist. Patent stats from the Indian Patent Office This week there has...

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World’s Best IP Blogs – 2016

The featured image shows a red ribbon with the words "World's Best IP Blogs 2016". To read more about this click here.

  Last year in 2015, we ran a series on the world’s best IP blogs where we featured Intellectual Property blogs who have carved a niche for themselves in the world of IP. The series that we ran last year received immense appreciation and support from our readers and we remain thankful to them for the same. We also thank the IP blogs featured in this post and the series last year, for it is they who have taken it upon themselves the extremely arduous task of bringing to the public, their share of knowledge on IP. Inspired from what we pulled...

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National IPR Policy – Design Related Objectives

The featured image shows a bunch of black pencils with the word Design written in the background in black and bold letters. The post is regarding designs. To know more click here.

India approved its first ever Intellectual Property Rights (IPR) policy on 13th May 2016 with a vision to stimulate creativity and innovation and to promote advancement in science and technology, art and culture, traditional knowledge and biodiversity resources. The policy lays out seven broad objectives and they are as follows: Awareness: outreach and promotion; Generation of IPRs; Legal and legislative framework; Administration and management; Commercialization of IPR; Enforcement and adjudication; and Human capital development. This article considers various provisions relating to designs under the new IPR Policy. The Policy notes that the number of design applications which are currently being filed in India,...

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