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Intellectual Property Tag

BananaIP Counsels > Posts tagged "Intellectual Property" (Page 23)

‘Darjeeling’ is Not Owned by Tea Board

The image depicts a tea estate in Darjeeling.

This post was first published on 19th September 2011. Tea Board, India v. I.T.C. Limited Decided by CALCUTTA HIGH COURT on 24th August, 2011 Facts The plaintiff is an autonomous, non-profit statutory body and was established by the Government of India for the purpose of controlling the Indian Tea Industry. This establishment is engaged in production, cultivation, marketing, sale and export of tea, encouraging research, and other numerous statutory duties and functions under the Tea Act. In order to preserve the integrity of tea sold under the name DARJEELING, the plaintiff has developed a distinctive DARJEELING logo, which consists of the image of a...

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Music Broadcast Pvt. Ltd. v. Super Cassette Industries Ltd.

This post was first published on 5th September 2011. HIGH COURT OF DELHI RFA No.250/2011 & CM No.8977/2011 Decided On: 01/09/2011 Facts: This appeal arises out of the interim orders passed by Copyright Board in the litigation between Music Broadcast Pvt. Ltd (MBPL) and Super Cassette Industries Limited (SCIL) with respect to fixing of a royalty fee of a license agreement between the parties. According to the Memorandum of Understanding (MoU) between the two parties if the two parties are in litigation and if any Court/Copyright Board whether in any interim or final order where both SCIL and MBPL are parties, stipulates a rate...

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D.M. Entertainment Pvt. Ltd. v. Baby Gift House and Ors.

This post was first published on September 14th, 2011. Citation: MANU/DE/2043/2010 Daler Mehndi is a popular music composer, lyricist, and singer in India. He was involved in the creation of numerous music albums such as BOLO TA RA RA RA, DARDI RAB RAB and so on, which have been sold extensively across the world. He incorporated a company, D.M. Entertainment Pvt. Ltd., the plaintiff in this case, in 1996, in which the letters DM stands for the initials of the name, Daler Mehndi. The company was originally incorporated to manage Daler Mehndi's advancing career and also helps in raising funds for charities,...

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Confidential Information: Basic Clauses in a Non-Disclosure Agreement

This image depicts a stamp of the word confidential. THis image is relevant because this post talks about the basic clauses of a Non-Disclosure Agreement. Click on the image to view full post.

This post was first published on August 15th, 2011. One of the most widely adopted measures to protect secrecy is the execution of a Non-Disclosure Agreement (NDA). It is a common practice to sign an NDA before disclosing any confidential information. A well-drafted NDA is easy to understand, not too long and lucid. Important clauses in an NDA include: Definitions; Confidentiality; and Term and Termination. a. Definitions Clause The definitions clause in an agreement defines important terms used in the agreement. The objective is to avoid any confusion with respect to the meaning of critical terms used in the agreement. Every NDA must...

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Extracting IP Value

This post was first published on May 10, 2011.   Intellectual Property (IP) plays a very important role in providing competitive and business advantage to a company. In order to maximize competitive advantage, a company must make the best and most of its intellectual assets. Extracting optimal value from IP does not start or end with protection. During a recent talk at a gathering of about fifty leading Indian companies, ninety percent of them stated that emphasis is always on protection and not much beyond that. The emphasis on protection is good for companies that never thought about IP ten years back...

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Salient Features of the Indian Bayh Dole Act

Intellectual Property

  This post was first published on April 26, 2011.   To keep up with the global competition it is necessary to promote creativity and harness innovation at the domestic level.  Over the years the government has been funding a number of academic and research institutions for the purposes of research and development but most of such funding fail to yield any revenue to the research institution or the government due to lack of interest towards protecting and utilising the resultant intellectual property. This lack of interest is due to a number of reasons such as lack of IP awareness, insufficient incentive mechanism...

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Cricket – A Batsman’s Game (Mangoose Bat Patent)

This post was first published on 28th February, 2011. Nowadays, cricket is believed to be a batsman’s game. When people start playing cricket, they usually prefer to try their hands on batting more than bowling and fielding. This passion for batting is one of the main reasons why today cricket pitches are mostly flat and batsman friendly. The international cricketers are no exception and they have tried various things with their bat to improve their batting performance, some of them were also in the midst of controversies. Controversies related to bat started in the match between Surrey v Hampshire on September 1771, when...

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Innovation in Cricket – Snickometer Patent

This post was first published on 24th February, 2011. Cricket is said to be deeply rooted in tradition and considered to be a gentleman’s game. The game has undergone much transformation because of the innovation being implied into it. Innovation has touched the game in every field-the way game is played (20-20, ODI, Test), shape and size of bats, innovative batting and bowling techniques (the class of some individual genius like paddle sweep of Sachin Tendulkar, doosra of Saqlin Mustaq, Marillier shot of Douglas Marillier and so on) and so on. As innovative minds put their heads into the game, technology became...

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Generication of Public Interest

This post was first published on 18th February, 2011. Public Interest today is a potent weapon of generic companies to safeguard their interests in the changing patent landscape in India. India's membership to WTO required implementation of the product patent regime for drugs by 2005 and implementation of the obligation was opposed by generic companies in the name of public interest. It was argued that the introduction of such a regime would impede access to medicines and health care. The public consciousness and media's highlighting of the importance of access to AIDS and cancer drugs pushed the contention of Innovator companies...

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Marrying Open Standards and Open Source

The image depicts the Open Source logo

This post was first published on 16th February, 2011. Standards can either be open or closed based on the manner of their creation and their accessibility to the public. A standard that is created through public or community participation without any restrictions and can be used or implemented by any one are called open standards. A standard that is developed by and limited to one or more persons is a closed standard. All proprietary standards are closed standards. The basic tenets of open source software are availability of source code, rights to copy, modify and distribute the software, movement of license along...

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