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Intellectual Property Tag

BananaIP Counsels > Posts tagged "Intellectual Property" (Page 14)

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...

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Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

The image depicts the text 'Delhi High Court'

This post was first published on 24th April, 2012. The relevant paragraphs of the case are reproduced below, a case brief will follow soon: 60. It must be understood that prior to the amendment in Section 25 in the year 2005, even a pre-grant opposition could be filed only by any person „interested‟. It is only after the amendment in 2005 that any person can now file the pre-grant opposition. The Act, therefore, makes a distinction between an opposer at the stage of pre-grant opposition, who could be „any‟ person, and the opposer at the post-grant stage, who could only be a...

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All is Not Lost: How to Restore your Priority Right!

This post was first published on 24th July, 2014.   We are well aware of the importance of the Priority Right and therefore also know what losing a priority right can cause. It may throw even the strongest of inventions off balance. A valid priority claim would give us the priority date which is the date of filing of the first application. This date is also known as "effective date of filing” in many jurisdictions. In other words, as the name suggests, the prior art that is taken into account for examining the novelty and inventive step/non-obviousness of the claimed invention is the information available to...

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Patent Filing Requirements in India

This post was first published on 14th January, 2011. Filing of a Patent application in India has been simplified by the option of E-filing software. With the use of digital signature an authorized patent agent or applicant can directly file a patent application in the E-filing software. Normally, a patent application can be filed by the true and first inventors or the assignee having acquired the authority from the true and first inventors. The following documents/forms are required at the time of filing an application either through E Filing software or hard copy filing: Form-1: An Application for grant of patent on Form-1...

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Re-Classifying Patent Search- Cooperative Patent Classification (CPC)

This post was first published on 4th November, 2011. One of the strategies adopted by the examiner/searcher while performing a prior art search is to identify the classification of the invention's subject matter. Patent classification is a way by which a patent office arranges identical or similar patent documents. A patent document can be classified in several classes. There are numerous patent classification systems available across the world such as International Patent Classification (IPC), United States Patent Classification (USPC), European Classification (ECLA), F-term and Derwent classification system. Most of the countries incorporate IPC on their patent documents. The IPC is generated by...

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Distant Touch – Patents for the Blind 4

This image depicts a blind man holding a stick and trying to cross a road. This image is relevant as a patent has been awarded known as Orientation aid for the blind and the visually disabled. Click on this image for more information

This post was first published on 4th September, 2014.   A cane, as I had mentioned in one of my earlier posts, is a blind person's lifeline. It allows a person to make his way around by means of touch from a distance. The length of the cane may vary based on a person's height, and on an average, it allows a blind person to feel for objects up to about a distance of 1.2 metres. Traditional canes operate completely on the basis of touch. Owing to the development of sensing technology from deploying infrared rays to lasers, several people have tried to make contactless...

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Personality Rights in India – Part I

This Image depicts the word art of 'Personality'. This Image is relevant as the article deals with the Persoanlity Rights in India. Click on this Image for more Information.

This post was first published on 23rd June, 2014.   Intellectual Property (IP) has been continuously evolving. It is now not restricted to just categories like Patents, Trademark, Designs and Copyrights. Judicial activism has widened the scope of IP to cater to new forms of protection, one such addition is "Personality Rights". Personality Rights are made up of two kinds of rights: the Right to publicity and the Right to privacy. The Right to publicity which is usually attributed to celebrities or famous people is of great importance to the entertainment and media field. Right to Publicity means the right to control commercial exploitation of one's successful personality and prevent...

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part I

This Image depicts the clip art of 'This is the best idea i've heard all decade. This Image is relevant as the article deals with the Protecting Ideas in Entertainment Industry. Click on this Image for more Information.

This post was first published on 23rd April, 2014.   An idea may be defined as a thought, which cannot be seen, touched or heard. In other words, an idea is entirely intangible in nature. Ideas can be kept secret or commercially exploited, but to gain protection, they need to satisfy the threshold of originality and novelty. Even though ideas act as catalysts for various Intellectual Property protections, by themselves, they are not qualified to obtain protection. Since an idea, taken at face value, does not fulfill the requirements of protection, it allows more than one person to create work (tangible) based on the same idea. Infringement occurs only...

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Christmas deLIGHT

The image is of a well lit Christmas tree. The post is about attempts to patent Christmas lights. Click on image to view post.

This post was first published on 23rd December, 2011. It's December! The month of the Holy festival of Christmas. The whole world has geared up for the big celebrations. Christmas is celebrated as traditional birthday of Jesus Christ, the central figure of Christianity. Christmas trees, Christmas lights, Christmas Carol, Christmas cakes and so on are some inherent parts of Christmas celebration. The focus of my blog is on Christmas lights. The tradition of Christmas lights was started by the people who lived in the 17th century. They used to attach small candles to branches of the Christmas trees using wax or pins....

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How Wise is it to TRIP Over Food?

This image depicts tomatoes in a zip-lock bag. This post talks about the importance of food protection under the TRIPS agreement. Click on the image to read the full post.

This post was first published on September 8th, 2014.

 

Every country tries its best to ensure that there is no dearth of food. Ensuring that food is of good quality is also important. As much as I’d love to go on talking about food, I will refrain from talking about food per se and concentrate on the legal obligations related to food. This post will concentrate on the relationship between IP and food which is governed by successful research efforts that result in a new plant variety or a plant with new and improved characteristics which qualify for Intellectual Property protection under various national laws and under TRIPS.

The effects of increased use of new biotechnology on the right to food cannot be discussed in isolation, but must also take into account the tendency that biotechnology applications are protected by plants or plant breeders right. Art. 27 of TRIPS gives member states the freedom to exclude from patentability plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, member states have to provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. India enacted the Protection of Plant Variety and Farmers Right Act, 2001.

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