Patent

Can Patent Attorneys Ever be Named as Co-Inventors of the Claims they Draft?


Last week, we received a very thought provoking comment from a lawyer working at a renowned patent law firm in France (who wishes to remain anonymous). In the comment he throws light on the prevalent practice of patent attorneys often having to draft patent applications based on only a single slide or drawing provided by their clients and yet not being cited as co-inventors in those applications. He argues that that this practice is not only unfair but also against…


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Copyright Innovation

Driving Them Up The (Pay)Wall – Sci-Hub and the Disruption of the Academic Publishing Industry


Elsevier, one of the world’s largest publishing houses, has quite a hallowed history. Founded in 1880, it has today transformed itself from a small Dutch publisher of classical scholarship into a multi-billion dollar enterprise, controlling access to over 2,000 scientific and research journals and with some of the highest profits among any industry. Sci-Hub, a free, online, tool, has an admittedly humbler past. Started in 2011 by Kazakh student Alexandra Elbakyan, the project has no significant financial backing, its management is virtually…


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Others

A Tribute to Mr. Shanti Kumar


As many of our readers may already know, Mr. Shanti Kumar, a leading patent and design expert and former Joint Controller of Patents and Designs, passed away early last week. We would like to bring to our readers a moving tribute to him written by Ms. Jaya Bhatnagar, Founder & Chairperson, SiebenIP. Jaya is one of the leading design lawyers in the country. She worked extensively with  Mr. Shanti Kumar at Anand & Anand. A Tribute to Mr. Shanti Kumar Jaya Bhatnagar…


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Others

Google Me A Research Scandal


In a controversy that has doubtless become the subject of conversation in most academic circles lately, Google has been accused of paying academics for research supporting its policy interests. Readers should note that while this controversy has been picked up and reproduced on several news reports, the primary allegations were mounted by an organization called the Campaign for Accountability (CFA) which issued the report earlier this month. The Wall Street Journal (WSJ) then picked up on this and echoed most of…


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Events

CUSAT’s 5th Annual ‘Rethinking Intellectual Property Rights’ Workshop 2018 on ‘IPR, Access to Seeds and Farmers’ Rights’


  We are pleased to announce that Inter University Centre for IPR Studies, Cochin University of Science and Technology (CUSAT) is organising the fifth annual ‘Rethinking Intellectual Property Rights’ workshop on the theme ‘IPR, Access to Seeds and Farmers’ Rights’, for law students and students of other disciplines interested in this area (under graduates, post graduates and research scholars). The programme is scheduled to be held from January 18-20, 2018. For further details, please read the post below: RIPR 2018: IPR,…


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Trademark

The Nation Can Want To Know, For Now!


In an update to the Bennet Coleman (Times now)- Arnab Goswami Legal battle raging on at Delhi High Court, Arnab can continue using the phrase ‘the nations wants to know’ till the Court passes the final judgment in the case, according to its recent order. ‘The Nation Wants To Know’ Controversy As previously covered by Prof. Shamnad here and analyzed here, Bennet Coleman had filed a suit seeking a permanent injunction against Arnab Goswami, citing trademark infringement and passing off….


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Patent

Patent Office Now Issues Bilingual First Examination Reports of Applications and Automates Processes for Issuing Patent Certificates


  The Indian Patent Office has made some interesting procedural changes recently. In a first, it appears that the Indian Patent Office is now issuing official communication bilingually in both English and Hindi. A public post by the Joint Controller of Patents and Designs at the IPO captures one such bilingual First Examination Report (which is the report issued to patent applicants in response to a request for examination). This move could be a result of the larger policy objective of promoting Hindi as…


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Copyright

Monkey Selfie Copyright Case Back in Court: What Implications for Artificial Intelligence?


As some of you may have heard, the Monkey Selfie copyright case came back to court recently! Fortunately, we have a video of the court proceedings (last case before the court beginning around 1:45:17). As you can see, the judges grill PETA’s counsel extensively on PETA’s “locus standi” to represent Naruto, the monkey. Particularly since, Dr Antje Engelhardt, a primatologist who knew Naruto sine he was born and had a better claim to being his “next friend” has now parted ways…


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Trademark

Heil Good Trademarks! Part- II


In the first part of this post while searching for the mythical good trademark, I gave you an example of a company titled ‘Nirbhaya rods’, engaging in willful perniciousness: the company knew that a rod was the instrument of choice for the rapists, yet made the conscious decision to go ahead and name it as such anyway. What if we alter the facts a little? What if I told you that the company was situated in a rural part of…


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Trademark

Heil Good Trademarks!- Part I


“What’s in a name? That which we call a rose by any other name would smell as sweet” William Shakespeare, Romeo and Juliet, Act II Scene II.   Sorry Willy, but they didn’t have Trademark Law when you were around (At least in its modern sense. A generic use of a TM as an “indicator of goods” was used by the Japanese: It was codified in the Taihō-ritsuryō as early as 701 A.D. The Egyptians used a source identifying system…


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