Intellectual property law Archives

DIPP Draft Patent Rules – Salient Features

The DIPP recently issued new draft rules in a notification dated 26th October, 2015. The new draft rules propose several amendments to the ‘The Patents Rule, 2003’. Some of the key changes proposed are summarized herein. Changes related to communication with the Patent office: The Indian Patent Office as of date accepts patent applications filed physically and any communications made to the Patent office through postal or courier services. However, according to the new proposed draft rules the words…

November 6, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 506Views 0Like

ShareFacebook

Finding Ideas, Inventions and Creations- IP Audits I

Intellectual Assets such as ideas, inventions and creations are important tools in today's business environment. A good idea can make or break a business. When seen from the intellectual property perspective, ideas are normally classified as abstract or concrete. Abstract ideas are those that are in the mind and those that cannot be implemented, worked or reduced to practice. For example, a plan to write a book or a solution that can make one vanish. The first idea is still…

November 6, 2015 BananaIP Reporter Intellectual Property, IP Audits 0Comment 482Views 0Like

ShareFacebook

Patent Process- Examination of Patent Applications in India

Once a patent application is filed in India and published after 18 months of filing the application, the next step involves the examination of the patent application. The examination process starts once the applicant files a request for examination within 48 months from the date of filing of the application or the priority date whichever is earlier. During the first examination stage, the examiner prepares the examination report incorporating all the statutory objections for the given patent application. The examiner…

November 5, 2015 BananaIP Reporter IP Commercialization/Licensing, Patents 0Comment 2262Views 0Like

ShareFacebook

Standard-Essential Patents & FRAND licensing in India

The requirements regarding licensing terms and procedures for enactment of national standards especially in the field of information communication technologies is an important development in the regulations which affect a business enterprise’s licensing negotiations. In a device, the technology in each component has to work together, i.e. Devices typically need to comply with some standards or protocols by which devices communicate with each other and other technology to achieve their functionality. For example, smart-phones made by different manufacturing companies, are…

November 4, 2015 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Patents 0Comment 1399Views 0Like

ShareFacebook

Trademark Infringement in the Automobile Industry Part I: Tata Motors, Bajaj Auto Limited

This post brings to light some of the Indian cases dealing with trademark infringement in the automobile industry. The first case that would be discussed here is that of Tata Motors. The story starts in mid 2014, when Tata Motors approached the Court of Chief Metropolitan Magistrate, Vidya Prakash, complaining of some unknown persons engaged in the business of manufacturing, trading, distributing, storing and selling counterfeit and spurious products under the trademark of ‘Tata Motors’. Tata Motors informed the Court…

November 3, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1566Views 0Like

ShareFacebook

Performer’s Right under Indian Copyright Law- Part I

The visual or acoustic performances of actors, musicians, singers or dancers forms a key part of the creative process and the performers who display their talents through their artistic performances must be entitled for certain rights over such performances as well as a share in the proceeds from its commercial exploitation. However, the rights of the performers were not recognized internationally until the adoption of the Rome Convention of 1961. This international treaty called for protection against unauthorized broadcast of…

November 2, 2015 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing 0Comment 3194Views 0Like

ShareFacebook

Beyonce Copyright Suit: Queen Bey still runs the world

Known for her creativity and originality, Beyoncé was slammed with a $ 7 million lawsuit for one of her latest singles ‘XO’. The ‘Crazy in Love’ singer found herself facing a lawsuit by Ahmad Javon Lane, a singer, who claimed that Beyoncé allegedly infringed his song ‘XOXO’ after he gave a digital copy of the song to one of her background singers, Chrissy Collins. One of the main questions posed before Judge Paul A. Engelmeyer, District Judge, U.S. District Court…

October 31, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1041Views 0Like

ShareFacebook

Valuation of IP: Arriving at a Number

Intellectual Property can provide business and competitive value to a business if it is identified at the right time, appropriately protected, strategically used in business and marketing, properly asserted and carefully maintained and managed. A business that takes all the said steps with respect to its patents, trademarks, trade secrets, copyrights, industrial designs and other forms of IP in an integrated manner builds value for its IP and business. In technology, knowledge and creativity driven companies, IP forms substantial portion…

October 29, 2015 BananaIP Reporter Intellectual Property, IP Valuation 0Comment 644Views 0Like

ShareFacebook

Big victory for Big Pimpin’

“Big Pimpin”, Jay Z’s chart topping rap number had been at the center of a longstanding copyright lawsuit. The law suit was initially filed in 2007 by Osama Fahmy, nephew of Egyptian composer Baligh Hamdi, whose song ‘Khosara Khosara’ was partially featured in the 2000 hit. Last week the US District Court in Los Angeles ruled that Mr. Fahmy ‘lacked the standing' for his copyright lawsuit against both Jay Z (Shawn Carter) and producer Timbaland (Timothy Mosley). A flute riff…

October 26, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 554Views 0Like

ShareFacebook

Gujarati folk dance and Dussehra

Dussehra, also known as Vijayadashami, is one of the most important Hindu festivals celebrated on the tenth day of Ashvin month, according to the Hindu calendar. It is celebrated throughout the country with great zeal and enthusiasm. It is believed that it was on this day that Lord Rama killed the demon-king Ravana and rescued his abducted wife Sita. Dussehra celebration spreads the message of the victory of good over evil. This festival is celebrated in varied traditions across India…

October 22, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 688Views 0Like

ShareFacebook

Celebrating 20 Years of IP Excellence

DIPP Draft Patent Rules – Salient Features

Finding Ideas, Inventions and Creations- IP Audits I

Patent Process- Examination of Patent Applications in India

Standard-Essential Patents & FRAND licensing in India

Trademark Infringement in the Automobile Industry Part I: Tata Motors, Bajaj Auto Limited

Performer’s Right under Indian Copyright Law- Part I

Beyonce Copyright Suit: Queen Bey still runs the world

Valuation of IP: Arriving at a Number

Big victory for Big Pimpin’

Gujarati folk dance and Dussehra

Connect with Us

BananaIP has been acknowledged as a women-owned enterprise, certified by WEConnect International.

Connect with us