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IP Protection Tag

BananaIP Counsels > Posts tagged "IP Protection"

Relevance of Intellectual Property Rights (IPR)

This post was first published on November 18, 2014.

 

Here is the first post in the series of Student Blog Contest. This post is authored by Pallavi Singh.

Intellectual Property Rights are legally recognized exclusive rights to protect creations of the mind. Along with human creativity and inventiveness, IPR is all around us. Almost every product or service that we use in our daily lives is the result of a long chain of big or small innovation, such as changes in design or improvements that make a product look or function the way it does today. Take for example, the ballpoint pen. Ladislao Biros’ famous patent on ballpoint pens was in many ways a breakthrough. But, like him, many others have improved the product and its designs and legally protected their improvements through the acquisition of IP Rights. The trademark on your pen is also Intellectual Property and it helps the producer market the product and develop loyal clientele. Common types of IPR include copyright, trademarks, patents, industrial design rights and in some jurisdictions trade secrets.

Intellectual Property Protection for Computer Programs – Part III

This post was published on September 01, 2014.

 

In continuation to the previous post in this series, we will today be looking into copyright protection of computer software. As discussed in the previous post, Copyright Law came as an answer to the protection of computer programs at a time when the importance of Trade Secret Law for the same was dwindling.

A computer program, being composed of source codes can be brought under the ambit of literary works in Copyright Law. The basic principle governing Copyright Law is the idea / expression dichotomy. As per this principle, Copyright Law only protects the expression of ideas and not the ideas per se. While talking about the principle of the idea / expression dichotomy, it should be admitted that there has always been a lack of clarity regarding what constitutes an idea and what constitutes an expression. This inherent lack of clarity in Copyright Law combined with the complexity of a computer program prevents Copyright Law from being an effective system of protection.

Intellectual Property Protection for Computer Programs – Part I

This post was first published on 28th August, 2014.   A computer program is an intellectual creation and can be protected by Intellectual Property (IP) Law, particularly by Copyright and Patent Laws. The manner of IP protection for computer programs is a hot topic of debate, primarily due to the fact that current IP regimes are not effective in dealing with their protection comprehensively. There is a lot of ambiguity with regard to their protection because of the technical complexities in computer programs and the difficulty in integrating them with existing IP laws. Software does not fit comfortably into established legal categories. For instance, there is a lot of...

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Intellectual Property Protection for Computer Programs – Part IV

This image depicts compilation of source code of a program. This image is relevant as the post is about Intellectual property protection for programs. Click on the image for more information

This post was first published on 15th October, 2014.   In the final post of this series, we shall be looking into the concept of software patents and examining the extent to which patent law is effective in protecting computer programs. As mentioned earlier, protection of computer programs under the Copyright Law is limited to the protection of the literal elements of a computer program, i.e., the source code and the object code, and does not extend to the underlying idea and functional elements of the software. A patent, on the other hand, grants a more secure protection than Trade Secret or Copyright,...

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Indian IP Laws to Protect Traditional Culture and Folklore

This image depicts ayurvedic preparations in a crucible. This post talks about the patentability of traditional knowledge. Click on the image to read the full post.

This post was first published on 8th November, 2014.   Most places in the world, where traditional knowledge and folklore exist, face the challenge of multiculturalism and cultural diversity because they have both indigenous and immigrant communities. A balance has to be struck between the protection and preservation of cultural experience and traditional. Efficient cultural policies are required to meet the above challenges and free exchange of cultural experiences is required to make policies for effective protection of the same. A further challenge is to balance a wish to preserve traditional cultures with a desire to stimulate tradition-based creativity as a contribution to...

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Intellectual Property Protection for Computer Programs – Part II

The image has green lines over black background to indicate digital information. The image is relevant as the post is about IP protection of Computer Programs. Click on image to view post.

This post was first published on 1st September, 2014.   In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws. Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled with systems, were not sold through retail channels of distribution. Manufacturers could protect their technology through contractual agreements and Trade Secrets....

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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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A Progressive Step Towards Regulating The eCommerce Sector – In response to Professor Arul’s 101 Article on Decimating Digital Competition

NATIONAL E-COMMERCE POLICY DRAFT

I write in response to Professor Arul George Scaria's article in Bloomberg where he argues that the Draft National eCommerce Policy ("eCommerce Policy") will decimate digital competition. Arul bases his arguments on issues in the policy with respect to data ownership/sharing and intellectual property protection, and states in strong words that the policy is discriminatory, anticompetitive, protectionist, and violative of individual rights. While I agree with Arul's comments relating to anti-piracy measures and open access, I find several of his arguments unsustainable in the context of the policy's objectives and eCommerce business in India. Data Ownership and Sharing Contrary to Arul's explication...

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Be Wise in Choosing Your IP Service Provider

This image depicts a magnifying glass. This image is relevant because this post talks about factors to be taken into consideration before choosing your Intellectual Property service provider. Click on the image to view full post.

This post was first published on 2nd February, 2011. Intellectual Property Services is not a business of a few anymore. With the  development of the IT and other R&D based business, there are any number of IP Service providers mushrooming around the IT and BP hubs. Therefore, there is a huge number to choose from and a person in need of such services is obviously sceptical about making the choice. We are currently in the age of information and it is a highly informed world we are living in. No matter what we do, it is highly important for us to learn...

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Patent Wish List – 2017

The featured image shows the word patent written in blue on a white background. The post is about the latest Patent updates. To know more, please click here.

I am sure all of us have one or the other kind of a wish list set up for 2017. In keeping with the trend we have decided to prepare and put out our own wish list for everyone to read. 2016 was witness to some very significant changes to the patent system in India. A number of measures were adopted to streamline the patent laws and to make their workings more efficient. While some of these changes were much needed and welcome, others were simply unnecessary and caused a lot of confusion among the applicants, officers and agents alike. That...

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