+91-80-26860424 / 34

Call Us Today

LinkedIn

 

Intellectual Property Tag

BananaIP Counsels > Posts tagged "Intellectual Property" (Page 21)

Online Piracy: A Convenient Crime

The image has a "STOP" written in it to depict anti-piracy intentions. The post is about a US District Court decision which stopped a popular download website that was infringing copyright. Click on image to view post.

This post was first published on March 8th, 2012. Recently a US District Court ordered shut down of the popular file-sharing site www.megaupload.com after the US government accused the site of pocketing more than $175 million by sharing pirated films, books, music and software files. Kim Dotcom, the founder of the site was arrested in New Zealand and his Auckland mansion with a fleet of luxury cars was put on display. The US Government has alleged that the estimated loss to copyright owners and publishers accounts for more than $500 million. It is a startling fact that a single website could generate...

Continue reading

Public Interest or Private Monopoly- The Case of Tirupathi Laddu

The iimage depicts a Tirupathi Laddu

This post was first published on August 7th, 2012. In a legal tangle that finally unknotted in late July, the Geographical Indication (GI) of ‘Tirupati Laddu’ has drawn a lot of attention, regards the religious sentiment attached to it. Unlike, Madhubani paintings, Darjeeling Tea or Goa Feni which enjoy the Geographical Indication tag, the roadmap for a GI status to the Prasadam(The ‘Tirupathi Laddu’), the temple being managed by Tirupati Tirumala Devasthanam was not a sweet path to reckon with. Be it the description of J Mohanraj, the then General Secretary of Jebamani Janata Party, who within weeks of granting the GI...

Continue reading

Bell Helicopter v. Eurocopter

This image depicts the Bell Helicopter. This image is relevant because this post talks about the comparison between two companies, the Bell Helicopter and the Eurocopter Group. Click on the image to view full post.

  This post was first published on November 2nd, 2012.   Bell Helicopter is an American rotorcraft manufacturer headquartered in Hurst, Texas, near Fort Worth. The company was founded on July 10, 1935 as Bell Aircraft Corporation by Lawrence Dale Bell in Buffalo, New York. The company focused on designing and building of fighter aircraft. The Eurocopter Group is a global helicopter manufacturing and support company. It is the largest in the industry in terms of revenues and turbine helicopter deliveries. The Eurocopter Group was formed in 1992 through the merger of the helicopter divisions of Aérospatiale and Daimler-Benz Aerospace AG (DASA). Eurocopter is the owner of the Canadian Patent 2,207,787 which...

Continue reading

Informed Prior Art Analysis for Traditional Knowledge Based Inventions

The image depicts traditional medicine.

This post was first published on November 26th, 2012. Prior art forms the core of novelty and inventive step analysis and also plays an important role in the assessment of other requirements. For negating novelty, the basic principle is: all elements of an invention must be present in a single prior art, expressly or inherently, supplemented by knowledge of a skilled artisan. For making an invention obvious, a combination of prior art elements that form part of the invention must be obvious to a person skilled in the art. The role of prior art is quite straight forward, it must directly,...

Continue reading

Trademark Violations in Comparative Advertising

The image depicts a display of ads in New York

This post was first published on December 2nd, 2012. Comparative Advertising is, as the name suggests, advertising that compares one product or service with another. Comparison is made with the intention of increasing the sales of the advertiser either by suggesting that the advertiser’s product is of the same or better quality to that of the compared product. The aim of such advertisement is to bring to public knowledge an honest comparison of one’s products with those of competitors.  Promotion of market transparency is intended but has other advantages such as regulation of prices and stimulating competition for improvement in products. Comparative...

Continue reading

Value of IP for Small and Medium Enterprises

This image depicts the available areas for SMEs with regard to IP. The major areas are Cardiovascular, Antinoplastic and Neurological. The remaining form the grey areas for SMEs. Click on the image to read the full post.

  This post was first published on March 14th, 2013.   Contrary to popular belief in India, Intellectual Property (IP) is neither a boon nor a curse for small and medium enterprises (SMEs). Just like other business tools, it is a tool that can provide business and competitive advantage, provided an SME wishes to gain such an advantage. The wish must obviously be backed by appropriate steps in the right direction, in the light of the SMEs business goals. While the overarching objective of this series is to indicate various elements of the path to gaining business value, this article will focus only...

Continue reading

Overlapping IP Protection: Call for Caution

The image depicts a venn diagram of Copyright, Patent and Trademark

This post was first published on September 11th, 2012. Rights and protection are both victim and villain in overlapping. Overlapping and provision of simultaneous or sequential protection for some inventive and creative works have become a part of the expansive Intellectual property law regime. For example, both copyright law and trademark law now protect ‘Angry Birds’ and ‘Miley Cyrus’. Overlapping copyright and trademark protection for these two characters not only means that their creators receive all the benefits flowing from both the copyright regime and the trademark system, but it also means that many of the benefits that would otherwise flow to...

Continue reading

Why Do Indian Companies Acquire Patents?

This image depicts two thinking minds. This image is relevant because the post talks about why Indian companies acquire patents. Click on the image to view full post.

This post was last published on May 31st, 2012. Most people would assume that the answer to the question is obvious. But it is not. Ideally, patents are acquired to gain competitive advantage and through it, business value. In our quest to learn the answer, we have by virtue of studying about a hundred companies of varied sizes, realized that only twenty percent of them actually acquire patents to gain a business advantage. Why then do others invest in patents? Some of the most common reasons are: To meet the targets met by the senior management About eighty percent among the large companies file...

Continue reading

Patent Trolling : Can’t Live With, Can’t Live Without!

This image depicts a Monkey standing with a stick and trying to describe what Patent Troll is with the basic definitions written in the Background. This image is relevant as USPTO has granted a Patent for a method of Patent Trolling. Click on the image for more information

This post was first published on March 9th, 2012. Patent Trolling is indeed a remunerative fad apart from being a 'rage'. It’s also turning out to be the easiest way to make quick bucks, many of those quick bucks rather. For once, it should probably be lauded for they have highlighted the largest of loopholes that companies seem to have over-looked on their march to success. However, what should also be observed in the midst of all of this is that - they also highlighted what a travesty the patent system has become these days. The company that does nothing gets...

Continue reading

Publicity Rights in India (Part II)

The image depicts a portrait of Jean Simmons.

This post was first published on March 1st, 2012. Some Indian Courts, such as Delhi High Court, have of late been very aggressive in enforcing various IP rights online and in digital media. However, considering the recent development of publicity rights law in India, there has not been an instance of its enforcement online or in computer games. We will, therefore, take a computer game hypothetical to review the applicability of publicity right law. Let us assume that an online cricket game is made in two versions. Version 1 is called world cup, which allows matches between various national teams. It includes...

Continue reading
css.php
Speak with an IP Expert Today
close slider