We would have all come across the concept of organ transplants which has actually become a common phenomenon given the tremendous evolution in science and technology; hold on to that thought, and couple it with the invention of 3D printing,
Gone are those days where sports were played as a result of passion and recreation. No one considered sports as a profession or a career. Today, it has become a huge business opportunity where people can mint money. The number
It was before the French Revolution that when the peasants went to their queen, Marie Antoinette to spill their grievances that she said “if the people didn’t have bread let them eat cake”. This analogy has been used whenever any
Image from here Business processes: Very often people hear about how intellectual property protects all creations of the mind and immediately think their ideas have monetary value. Often times, when talking to people about patents, and their requirement for novelty,
Ever wanted to know the recipe for your favourite dish in a restaurant? Or wished that you could make Pringles at home? They wouldn’t be special or in demand anymore if you could do make it by yourself! This got me thinking on the best ways to protect food recipes and prompted me to write this article.
There’s no dearth for mobile applications on smartphones. There’s an app for everything today and you’ll definitely find one to meet your requirements. We’re spoilt for choices and that’s exactly the concern of every mobile application developer. They need to make sure that they stand out and create an app that is better than the ones that already exist. So what happens when someone copies a part of the app or clones the entire app? Is it an intellectual property infringement? This brings us to the next question – can intellectual property rights in mobile applications be protected? Yes, different aspects/features of the mobile app can be protected under different branches of intellectual property law.
If you ask any patent agent or attorney to explain the concept of patents in two words, they will tell you that it is an “exclusionary right”. As is true in law and life, with rights come duties and responsibilities. So when you are given the right to exclude others from making your patent accessible to the public without your permission, you are obligated to ensure that you make your patent accessible to the public.
The Indian law for Patents, more particularly Section 8(1) of the Patents Act, 1970 (the “Act”), requires that when a person makes an application for patent in India, he must undertake to inform the Indian Patent Office regarding foreign applications which correspond to its Indian counterpart. However, the words used in Section 8(1) are broad enough to cover not just the invention for which the patent application has been made in India but also inventions which are “substantially the same” as this Indian application. This therefore means that the Indian patent office requires a status update regarding not just the patent family but also the extended patent family.
Following up on my earlier post about the IP clause in an employment agreement, where I mentioned the contents of the clause ought to define the Intellectual Property, I figured that, that would be a good aspect to cover – Identifying IP.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.