UNIDO: IP Risk Analysis- A presentation at UNIDO by Dr. Kalyan - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services
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6. Claim Construction
• Claim
• Preamble
• Transition
• Body
• I claim a 'ceiling Fan'
comprising of a base connected
to a solid rod, which in turn is
connected to a rotor with three
7. Claim Construction
• Preamble - I claim a 'ceiling
Fan'
• Transition - comprising of
• Body - base connected to a
solid rod, which in turn is
connected to a rotor with
three wings.
9. Is this product
infringing?
• A ceiling fan having a base to
be attached to the ceiling and
which has a hollow rod
connected to the base. The
hollow rod is connected to a
circular rotor having 4 wings.
• I claim a 'ceiling Fan'
comprising of a base connected
to a solid rod, which inturn is
connected to a rotor with three
15. Cable News Network
Vs. Cam News Network
• CNN - World news on
electronic media
• Defendant - Printing and
publication of news,
journals and magazines -
‘CAM News Network (CNN
on cover page)
• Held passing off - Injunction
granted
16. Horlicks Limited Vs.
Kartick Sadhakan
• Horlicks Trademark - energy
boosting products
• Defendant - Toffee
• Held liable for passing off
17. Adobe Vs. Rohit
• Registered domain name
– www.adobe.org
• Held – Domain Name
registration not
authorized
• Restrained from use
• Punitive damages – Rs. 5
lakhs
22. Mackie v. Rieser
• Image of an artist's
sculpture included in
brochure
• Held liable for copyright
infringement
• Damages - 1, 000 dollars
23. Silver Ring Splint v.
Digisplint
• Jewelry manufacturer -
Website, Catalog and
Handbill
• Alleged that defendant's
website and catalog
violated copyright
• Held liable