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Intellectual Property Tag

BananaIP Counsels > Posts tagged "Intellectual Property" (Page 5)

Role of Third Parties in Patent Grant Process

This post was published on July 21, 2014.

 

The subject of today’s topic would probably leave a patent applicant feeling a bit like the reigns are slipping. A patent is not a piece of cake to acquire. The right owner of the invention be it an inventor or an applicant has to prove themselves beyond any doubt. It is the basic right of every individual to oppose the grant of any patent, in cases where such a grant would seem detrimental to a third party. Hence, it would be a justifiable opportunity for third parties to intervene in the procedure of patent grant.

Opposition

Under the Indian Patent Law, Opposition can be made twice during the life of a patent application. First is the Pre-grant representation under section 25(1) wherein any person may challenge the application for grant of a patent. Pre-grant opposition acts as a defensive shield to confirm the validity of patent applications before patents are granted. Post grant opposition under section 25(2) may be made only by any person interested at any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of patent.

Abraham Lincoln – the Patent Enthusiast!

This image depicts a portrait of Abraham Lincoln

This post was first published on March 5th, 2014.   Abraham Lincoln was the 16th President of the United States, well known for his fight against slavery. Before entering into active politics, Mr. Lincoln was a practicing lawyer who tried to defend the rights of slaves. His continued interest and effort in this front probably helped him gain the trust of his countrymen, which in turn helped him build a successful political career and become the President of the United States in the year 1861. Thereafter, his struggle for abolishing slavery ended in success and slavery was abolished across the country. All these chapters of...

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

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was published on August 08, 2014.

 

In this article we will discuss another case about how to protect ideas in the Entertainment Industry. Just to recap the previous posts in this series can be found here, here and here.

Urmi Juvekar Chiang, Indian Inhabitant, Mumbai vs. (1) Global Broadcast News Limited, Uttar Pradesh; (2) Network 18 Fincap Private Limited, Uttar Pradesh

The Plaintiff, in this case, was a scriptwriter and she had written a concept for reality television for solving civic problems. She asserted that the programme would follow the chosen protagonists through the quagmire of bureaucracy and conflicting interests and destructive attitudes as they tried to solve a civic problem of their choice.

The Plaintiff sent her concept to a certain Mrs. Rasika Tyagi (one of the Defendants). She and a person who agreed to act as her producer, Mr. Arjun Gauirsaria, had a detailed discussion with the Defendants about the concept that the Plaintiff had written. The Defendants, after some discussion did not follow up on the negotiations. Soon enough, the Plaintiff was in for a shock to see that a television programme with a concept very similar to theirs, was being telecast by the Defendants’ channel.

Pepsodent’s Attaaaack on Colgate Continues

First Publication Date: 18th September, 2009.   In furtherance to our earlier blog here relating to the advertisement war between Colgate and Pepsodent and comparative advertising, the Delhi High Court recently, on 21st August 2013, denied grant of interim injunction against Hindustan Unilever Limited ('HUL'/Pepsodent) and held that Court was not persuaded at this stage to hold the impugned TV advertisement or the impugned printed advertisement by HUL to be disparaging of or denigrating the product ‘Colgate Dental Cream Strong Teeth’ of Colgate-Palmolive. Colgate-Palmolive (“Colgate”) brought an action against HUL relating to the advertisements published by HUL regarding Colgate’s toothpaste Colgate Dental Cream...

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Introduction to Well-Known Trademarks and Trademark Dilution

This image depicts several well known brand logos such as McDonald's and Coca-Cola. This post is about the transborder reputation of well known marks. Click on the image to read the full post.

    This post was first published on June 30th, 2014.   Generally, trademark protection is limited to the protection against unauthorized use of a trademark on identical or similar goods or services. The deceptive similarity and likelihood of confusing elements are not applicable in cases where an alleged conflicting mark is used in respect of dissimilar and/or unrelated goods and services. For example, the use of the mark KODAK for hotels or catering services would not amount to trademark infringement under the provisions of Trademark law. However, this is not the case in all situations. Article 6 Bis of the Paris Convention for protection...

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Finally, the Paternity of the Radio is Questioned

This post was published on August 06, 2014.

 

“Who invented the Radio?” When this question was asked during my school days, my answer was an immediate, “Marconi”. Since that answer would fetch me my points, I didn’t bother to look beyond. Recently, however, I realized that it has always been a controversial subject and that my answer could have been wrong. The villain… um.. no, the hero of the story is none other than Nikola Tesla, who is regarded as one of the greatest inventors of all time. Curious to know the story? Read on.

Guglielmo Marconi was an Italian inventor who became famous for his contributions towards the growth and development of long distance radio transmission. Marconi was inspired by Hertz’s theory of electromagnetic waves and began his research on Hertz’s work during the 1894-1895 period. He was keen on inventing a wireless telegraph device. On May 13, 1897, Marconi succeeded in sending the world’s first ever wireless signal over open sea and the first message read ‘Are you ready?’ In 1904, the US Patent Office granted Marconi a patent, Apparatus for Wireless Telegraphy (US 763772) for the invention of the Radio.

Let’s Scrutinize Barcodes a Bit

This image depicts a Barcode. Thie image is relevant as the post is about scrutinizing Barcodes. Click on the image for more information

This post was first published on 29th September, 2014.   When we first go grocery shopping, as a kid, we always wondered what those black and white, think and thin lines indicated. A big puzzle eventually gets answered as we grow up. We now know that they are codes represented in the form of bars, a method for automatic identification and data collection. It has evolved from a punch card system, designed to speed the purchasing process, to the modern barcodes we see on every product imaginable. The rudimentary idea came from the Morse code. The barcodes were first implemented in the year...

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

This Image depicts a seedling is being protected by two hands on it This Image is relevant as the article deals with the Copyrights and protection of ideas. Click on this Image for more Information.

This post was first published on 29th July, 2014.   In continuation to our previous discussion on how to protect ideas in the entertainment industry, the upcoming posts in the series will discuss landmark cases and analyse how Courts consider Breach of Confidentiality claims. Previous posts in the series may be accessed here and here. The first of these cases is Zee Telefilms Limited and Another vs. Sundial Communications Private Limited and Others: This suit was brought by the Plaintiffs alleging Breach of Confidence in the original concept developed by the Plaintiffs and the misuse of confidential information. The Plaintiff's was a company engaged in the business of...

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Foreign Filing Intimation to Indian Patent Office

This image depicts the logo of the IP India Office. This logo is relevant because the post talks about the Foreign Patent Filing Intimation to Indian Patent Office. Click on the image to view full post.

This post was first published on July 10, 2012. Given the global nature of businesses today, it is not uncommon for a patent applicant to file patent applications in multiple countries for the same invention. Like many other patent offices, the Indian patent office imposes an obligation on the applicants to update the patent office with respect to foreign filings for substantially the same invention for which an application has been filed in India. The whole idea is to benefit from the opinion of the foreign patent office and to ensure that no frivolous patents are granted in India. Section 8 of...

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The Chemtura Case – Assent from US’ BPAI, but Dissent from India’s IPAB

This image depicts a Gavel, a court hammer. This image is relevant as the post is about Chemutra Case. Click on the image for more information

This post was first published on 29th October, 2014.   Intellectual Property Appellate Board, ORA/14/2009/PT/MUM ANDORA/14/2009/PT/MUM Decision Date: 24 AUGUST 2012 This post focuses only on the inventive step analysis of IPAB. The question of inventive step arose in a revocation petition before IPAB in which lack of inventive step was one among several grounds. SiNApSE readers will recall this case for its ratio on Section 8 of the Patents Act. Patent: The patent in question relates to a side bearing pad assembly for absorbing and cushioning compression forces and that dampen lateral rolling motions that occur during the movement of railroad cars. Claim 1 reads as...

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