#intellepedia

[patntech]

Top 10 Patent Filing Companies in Bangalore and Hyderabad

Patent filing is a crucial aspect of protecting intellectual property, and finding the right company to assist with this process is essential. In cities like Bangalore and Hyderabad, where innovation and technology thrive, several companies specialize in offering patent filing services. Here’s a curated list of the top 10 patent filing companies in these two dynamic cities.

Patntech:

With a strong presence in both Bangalore and Hyderabad,Patntech is known for its comprehensive intellectual property services, including patent filing. The company has a team of experienced professionals who guide clients through the entire patenting process.

Brain League:

Brain League is a prominent player in the field of intellectual property consulting. With offices in both cities, the company offers a range of services, including patent drafting, filing, and prosecution.

LexOrbis:

LexOrbis is a leading intellectual property law firm with a significant presence in Bangalore and Hyderabad. The firm is renowned for its expertise in patent law and assists clients in securing and protecting their innovations.

Inolyst:

Inolyst specializes in providing end-to-end intellectual property solutions, including patent filing services. The company has a strong presence in Bangalore and Hyderabad, catering to the diverse needs of clients.

BananaIP Counsels:

Operating in both cities, BananaIP Counsels is a full-service intellectual property firm. The company’s patent experts assist clients in drafting, filing, and managing their patent portfolios.

TT Consultants:

TT Consultants is a global player with a significant presence in Bangalore and Hyderabad. The firm offers a range of intellectual property services, including patent filing, prosecution, and portfolio management.

K & S Partners:

K & S Partners is a well-established intellectual property law firm with offices in major cities, including Bangalore and Hyderabad. The firm’s patent team is known for its expertise in handling complex patent matters.

Techlawlogi:

Techlawlogi is a boutique intellectual property firm with a focus on technology-related legal services. The company has a presence in both cities, offering specialized patent filing services to tech-driven industries.

Selvam & Selvam:

Selvam & Selvam is a dynamic intellectual property law firm with offices in Bangalore and Hyderabad. The firm’s patent professionals assist clients in protecting their innovations through strategic patent filing.

Intellepedia:

Intellepedia is a firm that provides a range of intellectual property services, including patent filing and prosecution. With a presence in both cities, the company caters to the diverse needs of innovators and businesses.

Choosing the right patent filing company is crucial for protecting intellectual property. The companies listed here have earned a reputation for their expertise in patent law and their commitment to helping clients navigate the complexities of the patenting process in Bangalore and Hyderabad.

[bananaipindia]

Wishing A Very Happy, Creative and Innovative New Year

New Post has been published on https://www.bananaip.com/ip-news-center/wishing-a-very-happy-creative-and-innovative-new-year/

Wishing A Very Happy, Creative and Innovative New Year

On behalf of all our contributors, we wish you a Very Happy, Creative and Innovative New Year.

We thank you for your support and patronage in 2019, and will endeavor to continue our mission of contributing to the flow of IP knowledge and IP culture development in 2020 as well. As we head into the new year, we will be grateful for any observations, comments or inputs you may have to help us improve Intellepedia and its initiatives.

In 2019, we published 562 blogs/articles, the topic wise split of which is provided in the table below.

Sl no | Topic | Number of Posts

  Patents – 198

  Trademarks – 114

  Media and Entertainment Law – 75

  Copyrights – 46

  General IP – 28

  e-Commerce Law – 17

  IP Commercialization/Licensing – 12

  IP for Start Ups – 12

  Industrial Designs – 10

  Others – 48

In 2019, Intellepedia received 2,75,699 hits, and was once again ranked among the top IP resources in the world.

We have also been very active on social media, and have a total of 5,819 followers on different platforms.

Social Media Followers

RSS Feed: 822 Linkedin: 1,238 followers Facebook: 1033 followers Twitter: 2,726 Followers

Thanks once again for your support over the years, and we wish you Intellectual Property and Business Success in 2020.

Your,

Intellepedia Team.

[bananaipcounsels-blog]

Kerala And Kodagu Floods – An Appeal For Help!

Kerala Flood...There are a few moments in our lives that define us for who we are by the things we do. This is our moment, we at BananaIP and Intellepedia earnestly urge our readers and the IP community to do their bit and help the affected people of Kodagu (Coorg) and Kerala. For more details, explore our website:

https://www.bananaip.com/ip-news-center/kerala-and-kodagu-floods-an-appeal-for-help/

[bananaipindia]

Dancing with Intellectual Property: A Presentation by Dr. Kalyan C. Kankanala

New Post has been published on https://www.bananaip.com/ip-news-center/dancing-with-intellectual-property-a-presentation-by-dr-kalyan-c-kankanala/

Dancing with Intellectual Property: A Presentation by Dr. Kalyan C. Kankanala

On December 13th, 2019, BananaIP Counsels conducted a seminar titled “Dancing with Intellectual Property” at its office in Bangalore. The event was attended by dancers, performers, and dance instructors, and witnessed active exchanges on the need for IP awareness for those in the field.

Dr. Kalyan, Managing Partner of BananaIP Counsels, started the session with a discussion on the different types of intellectual property that could exist in a dance performance, and how each form of IP could be protected. He elucidated the protectable elements in a dance performance, and the commercial and legal benefits of protecting each element, and how IP in a dance performance could be monetised. Dr. Kalyan cited instances in which dancers and owners of IP in dance successfully reaped the benefits of awareness and action in safeguarding their intellectual property, as well as instances in which courts outlined how IP in dance may be protected.

Dr. Kalyan along with his colleague, Ms. Ashwini Arun, then discussed the various models of IP ownership which dancers were likely to encounter, citing examples from experience on the importance of well-drafted contracts in ensuring that dancers could retain and exercise their rights. They also deliberated with the participants about the effectiveness of IP protection and the enforcement of IP through online platforms.

The participants were provided illustrations of protectable and protected intellectual property related to dance, as well as insights into how dancers could capitalise on the originality and unique elements in their performances to create opportunities for revenue generation.

The attendees appreciated this first-of-its-kind effort to introduce dancers to the fundamentals of intellectual property and expressed the need for more such events.

[slideshare id=205341829&doc=dancingwithintellectualproperty-08thdecember2019-dr-191213122742]

  For more IP events, visit us at www.bananaip.com/intellepedia

[bananaipindia]

Intellectual Property for Innovative Businesses - A Presentation by Dr. Kalyan C. Kankanala

New Post has been published on https://www.bananaip.com/ip-news-center/intellectual-property-for-innovative-businesses-a-presentation-by-dr-kalyan-c-kankanala/

Intellectual Property for Innovative Businesses - A Presentation by Dr. Kalyan C. Kankanala

Dr. Kalyan C. Kankanala delivered a talk at a seminar organized by Intellepedia titled “Building an Intellectual Property Framework for your Organization” on December 6th, 2019. In his talk, he spoke about Intellectual Property and Business and you can find the presentation below.

    For more information on upcoming Intellectual Property Seminars visit www.bananaip.com/intellepedia.

[bananaipindia]

Upcoming IP Events - Fast tracking Patents, Music of Copyrights, and Learn Patent Searching and Data Analysis Skills/Techniques

New Post has been published on https://www.bananaip.com/ip-news-center/upcoming-ip-events-fast-tracking-patents-music-of-copyrights-and-learn-patent-searching-and-data-analysis-skills-techniques/

Upcoming IP Events - Fast tracking Patents, Music of Copyrights, and Learn Patent Searching and Data Analysis Skills/Techniques

BananaIP’s Intellepedia is organising three IP Events during the next four weeks. They are being held at BananaIP’s office in Bangalore. You may register for the events by visiting the links provided hereunder.

At a Glance

Fastracking Patents in India: Getting a Patent in One Year – 20th December 2019 (2PM to 4PM) – BananaIP’s Office (3rd Floor) – Register Online

The Music of Copyrights – 3rd January , 2020 (2PM to 4PM) – BananaIP’s Office (3rd Floor) – Register Online

Learn Patent Searching and Data Analysis Skills/Techniques – 10th January , 2020 (2PM to 4PM) – BananaIP’s Office (3rd Floor) – Register Online

  Event Description

Getting a Patent in One Year

Changes in patent rules and proactive steps of the patent office now make it possible to acquire patent grants within one year from the date of filing a patent application. The cost for  acquiring the patent speedily is not very high, and business/financial benefits are significant.

On 20th December 2019, BananaIP’s highly specialised patent attorneys are organising a session on how you can acquire a patent in one year. The session will be held at BananaIP Counsels, Bangalore, and  corporates, entrepreneurs, and others interested may register for it.

Register Online

The Music of Copyrights

Writers are the first copyright owners of lyrics; Music Composers the first copyright owners of musical compositions; and Producers or Record Labels the first copyright owners of recorded music created from performance of lyrics and music. Moreover, Singers and Musicians hold rights to control/permit recording and broadcasting of their performances. Recorded music cannot be made without permission of lyricists, composers, singers and musicians, and Record Labels while getting their permission to make recordings normally acquire their copyrights.

This session provides an overview of the law and systems that may be followed for effective royalty management for the benefit of all stakeholders.

Register Online

Learn Patent Searching and Data Analysis Skills/Technique

  Searching for patents and free and paid databases is a special skill that requires an understanding of: the patent system, organisation and structure of databases, specialty searching skills, techniques that work and do not work, and so on.

The session will be delivered by experienced patent attorneys and searches from BananaIP Counsels. It will be led by Senior Patent Partners of BananaIP from different specialty divisions such as electronics, electrical, IT, AI, ML, Automotive, Mechanical Engineering, Manufacturing, Biotech, Pharma, Traditional Knowledge, Genetics, Entertainment, Mobile Technologies and other areas.

Register Online

For more information about upcoming IP Seminars, visit us at www.bananaip.com/intellepedia.

[bananaipindia]

Upcoming IP Event: When Do You Really Need a Music License? (24th January, 2020)

New Post has been published on https://www.bananaip.com/ip-news-center/upcoming-ip-event-when-do-you-really-need-a-music-license-24th-january-2020/

Upcoming IP Event: When Do You Really Need a Music License? (24th January, 2020)

BananaIP Counsels, through Intellepedia, is happy to announce a seminar titled “When Do You Really Need a Music License?”, an event for live performers, musicians, event organisers, and venue managers, on 24th January, 2020 at its office.

You may register online for the event here:

Register Online

Event Information

You do not always need a copyright license or permission for using  recorded music, lyrics or musical compositions. While some uses require you to pay and get a license, many uses do not require the permission of the copyright owner. Most social events, student activities, ceremonies, private uses, etc., do not require copyright licenses from record labels or organisations like Novex, IPRS, PPL and so on.

Experienced entertainment attorneys from BananaIP, a top IP firm, will provide answers to the following questions in a two hour session:

When do you need to take copyright permission to use or perform music?

What uses are considered as fair dealing or fair use for which you do not need any permission?

How much is reasonable payment for using music?

Who should you approach to use copyrighted music?

How should you handle legal notices from organisations like IPRS, Novex, etc.?

Who owns what elements of music, and who all should you pay?

What is the difference between  performing recorded music and  performing music live?

Should singers, musicians, bands,  dancers and others acquire permission to use music?

What is a music license, and  what are its basic elements?

Do you need permission to  share, stream and distribute music online?

What is free and creative commons music?

Time

24th January, 2020

2pm – 4pm

Venue

BananaIP Counsels

Jayachamarajendra Industrial Estate, Kumaraswamy Layout, 3rd Floor Seminar Hall, Bengaluru, India.

Faculty

Dr. Kalyan C. Kankanala

Dr. Kalyan, holds advanced IP degrees from the world’s leading law institutions, National Law School of India University, Bangalore and Franklin Pierce Law Center USA.

•    Recognized among the top IP minds of India •    Has advised more than 1000 clients on IP matters •    Internationally cited IP attorney and strategist Sanjeeth Hegde

Sanjeeth has a Juris Doctorate (JD) and a Master’s degree in IP Law, commerce and technology from Franklin Pierce Law Center USA.

•    Nationally recognized entertainment law, IP licensing, and trademark attorney •    Has significant US in-house experience in tech licensing with Fortune 500 companies •    Advises leading organizations on branding, IP protection, and valuation

Ashwini Arun

Ms. Ashwini Arun works as a Senior Associate in the IP Strategy and Consulting Division of BananaIP Counsels. Her responsibilities include advising clients, providing opinions, drafting and reviewing agreements, and enforcing IP through legal notices, litigation management and dispute resolution. Some of her clients include Dailyhunt, Samsung, Blue Timbre, Fields of View, and Anand Audio. She has earlier worked with National Law School of India University as a Research Assistant, where she was responsible for editing academic publications, preparing course materials, and training professionals.

Ashwini holds a Masters in Law in Business and Intellectual Property Law from University of California, Berkeley and an LLB from National Law University Jodhpur.

About BananaIP Counsels

After 15-years of IP services and excellence, BananaIP is recognized as a pioneer in the evolution of IP in India through high quality services, law, and policy contributions, highly cited publications, and proactive technology integration.

With a team of more than 60 legal and technical professionals, BananaIP is one of the largest IP firms in India today.  We serve more than 600 clients and have managed more than 20,000 files or projects.  We’ve counselled more than200 start-ups and numerous individual entrepreneurs.  We also have published ten IP books and more than 5,000 articles on leading online forums, journals, magazines, and publishers.  Our home IP publication, Intellepedia, is recognized as one of the world’s top 10 IP blogs and is a primary reference source for in house counsels, legal professionals, and academics.

From the nascent days of IP in the country, BananaIP has collaborated with premier organisations including: National Law School of India University (NLSIU), Indian Institute of Management, Bangalore (IIMB), and the United Nations Industrial Development Organization (UNIDO) on corporate and SME education and policy setting to develop and drive IP awareness for businesses across the country.  Being one of the rare firms to have been entrusted with such responsibilities, BananaIP continues to be a sought-after advisor by leading businesses, academic, and R&D institutions, as well as business incubators.  The senior partners have contributed to research projects undertaken by the World Intellectual Property Organization (WIPO) as well as the Indian Patent Office (IPO).

Well recognized for their work and accomplishments, BananaIP’s senior partners are frequently invited to speak at company, government and industry organizations, and academic institutions.  Our partners have delivered talks at Samsung, Mahindra & Mahindra, Crompton, GE, Bosch, Emerson, the Council of Scientific, and Industrial Research (CSIR), Confederation of Indian Industry (CII), Federation of Indian Chambers of Commerce and Industry (FICCI), National Law School of India University (NLSIU), National Academy of Legal Studies and Research (NALSAR), Indian Institute of Technology, Bombay (IITB), Indian Institute of Management, Ahmedabad (IIMA), National Institute of Technology, Surathkal (NITS), Gujarat National Law University (GNLU), and others.  BananaIP’s senior partners are also advisory and steering committee members on several centres of excellence that play an important role in law and policy making in India such as the Centre for Excellence in IP and Standards, Centre of Sports and Entertainment Law, and Centre of IP Research and Advocacy. Because of their subject matter expertise, our senior partners are frequently cited on IP topics in publications including: The Hindu, Indian Express, DNA, Telegraph, Economic Times, and Forbes.  They are also routinely invited by leading journals and magazines such as IEEE, JIPR, JSEL, and Pharma World to contribute IP articles from the practicing attorney’s perspective.

  Register Online

[bananaipindia]

Inventive Plum Cakes for Christmas

New Post has been published on https://www.bananaip.com/ip-news-center/inventive-plum-cakes-for-christmas/

Inventive Plum Cakes for Christmas

It is Christmas time, time to eat Plum Cakes. A wide array of Plum Cakes are on the market, and we got to taste a few of them at office today. The best among them was the cake sent by Rakesh (Intellepedia’s Administrator). Once it was safely in my stomach, I couldn’t help telling Rakesh that his cake did not have any plums. It had raisins and prunes, but no plums.

Most Plum Cakes in fact do not have plums, and the term is generally used to refer to Christmas cakes of different varieties. The term got associated with Christmas from the tradition of consuming Plum Porridge. Porridge later became pudding, which later became cake. Though plums went out of the cake, the name stayed.

Cake Patents

This Christmas, we decided to share some interesting cake patents that may add creativity to your celebration.

1. Alcoholic cupcake preparation methods

Patent Application: US20150237875A1

Country: United States

Abstract

A method of baking alcohol infused cupcakes is provided. The cupcakes may be at least partially baked and then dehydrated. A user may then inject alcohol into the dehydrated cupcake. The cupcakes may be chilled and then eaten.

2. Production method for plum cake

Patent Application: CN102362609A

Country: China

Abstract

The invention discloses a production method for plum cake. The production method comprises the following steps of: a) preparing egg pulp; b) mixing the egg pulp into paste; c) casting the paste on a die; d) baking the die; and e) taking the die out of an oven. The production method has the advantages of reasonable process and easiness for implementation; any synthetic dressing is not added into the cake during the preparation; prepared cake has sour taste of plum, has a certain slimming effect, has the characteristics of comfortable mouthfeel and unique taste, and is suitable for both the elders and the young.

3. A kind of plum cake

Patent Application: CN109730114A

Country: China

Abstract

The present invention relates to cakes, more particularly to a kind of plum cake, the raw material including following parts by weight: 100-130 parts of wheat flour, 70-100 parts of egg, 10-20 parts of jujube paste, 5-10 parts of red bean powder, 50-70 parts of maltose, 5-15 parts of honey, 3-8 parts of raisins, 1-5 parts of baking powder, 20-60 parts of palm oil, 3-8 parts of the concentrated liquid of tradition Chinese medicine.The cake that the present invention is prepared, tasty, full of nutrition by the way that jujube paste, red bean are added in cake, raisins and the concentrated liquid of tradition Chinese medicine make the cake taste being prepared sour-sweet comprehensively, and the health-care efficacy with enriching the blood and tonifying qi.

4. A FORTIFIED EGGLESS CAKE PREMIX COMPOSITION AND A PROCESS FOR PREPARATION THEREOF

Patent Application: 201941044981

Country: India

Abstract

A fortified eggless cake premix composition and “a process for preparation thereof The present invention discloses the composition of fortified eggless cake premix which is rich in protein, fiber and low in fat. There are no added synthetic preservatives and colorants. The egg protein is replaced by adding flour prepared from germinated legumes such as horse gram, green pea, soybean, chickpea, lentil, peanut, alfalfa, acacia, cowpea and the like. Among them, the germinated horse gram holds a rich amount of protein equivalent to 24% of the total nutritional value. The composition range of the eggless cake premix comprises 6-12% of germinated legume flour, 20-26% of whole cereal flour, 12-17% of milk solids, 35-45% of sweetener, 5-8% of flavoring agent, 0.5-0.8% of leavening agent, 0.2-0.5% of raising agent. To prepare the cake premix, the germinated flour is mixed with other dry ingredients such as whole wheat flour, milk solids, flavoring agent, sweetener, leavening and raising agent and stored in an air tight container.

Intellepedia Team wishes you a Very Happy & Merry Christmas.

[bananaipindia]

Upcoming IP Event: Copyright for Writers and Publishers (24th December, 2019)

New Post has been published on https://www.bananaip.com/ip-news-center/upcoming-ip-event-copyright-for-writers-and-publishers-24th-december-2019/

Upcoming IP Event: Copyright for Writers and Publishers (24th December, 2019)

BananaIP Counsels, through Intellepedia, is happy to announce a seminar on “Creative Expression and Copyright Protection”, an event for writers, novelists and publishers, on 24th December 2019 at its office.

You may register online for the event here:

Register online

Event Information

With the emergence of novel and innovative publishing models, authors, writers and novelists have the choice of numerous publication options. They no longer need to wait for a nod from a publisher, whose considerations are often not limited to the quality of their literary work. Today’s authors can  write and publish their work in digital form on their own social media platforms or on platforms of aggregators like Smashwords, Kindle and so on, and make physical copies of their writings available through platforms that enable print on demand, pay and publish,, etc., such as Pothi, Patridge, and so on. As writers and novelists navigate through the publication landscape, protection of their work from misuse, unauthorised publication, royalty misappropriation, piracy and unauthorised listing assumes importance. Unless authors, novelists and publishers take necessary steps to safeguard their rights and interests, the commercial value of their writings may diminish swiftly.

Copyright protection can help authors protect their writings appropriately, stop unauthorised publication and distribution, and safeguard the commercial value of their work. This two-hour session specially designed for authors, writers, novelists and independent publishers provides a primer on copyright protection and nuances of publication. The session is being organised by Intellepedia at BananaIP’s office.

Take Aways

During the session, writers may expect to learn: 1. What is copyright protection, how far does it extend, and how does it help a writer? 2. How can an author register a copyright on her own? 3. What are some important clauses in publishing agreements online and offline? 4. When can a writer use others’ writings? 5. What is fair use, and when can others use a writers’ work? 6. How can an author take down unauthorised publication of their work online? 7. How to manage copyrights online and offline?

Faculty

The session will be delivered by Dr. Kalyan Kankanala and Ms. Ashwini Arun from BananaIP Counsels, a top ranked IP firm in India.

Dr. Kalyan C. Kankanala

Dr. Kalyan Kankanala is a well-known IP attorney and author based out of Bangalore. He has published more than ten books, which are well referred and cited. He has so far written four law thriller novels, which are critically acclaimed.

Dr. Kalyan has long term experience of helping authors, writers and publishers on copyright, trademark and other issues. He works extensively with writers in the film, music and content industries. He also teaches at premier institutions such as NLSIU and IIMB.

You may register online for the event here:

Register online

[bananaipindia]

Yoga Sequence is not Dance Choreography for Copyright Protection

New Post has been published on https://www.bananaip.com/ip-news-center/yoga-sequence-is-not-dance-choreography-for-copyright-protection/

Yoga Sequence is not Dance Choreography for Copyright Protection

Bikram Choudhury, a self-proclaimed yoga guru, published a book in 1979 entitled ‘Bikram’s Beginning Yoga Class‘, which contained a sequence for promoting wellbeing and energy levels, among others. His book contained twenty six yoga asanas and two breathing exercises selected, arranged and organised in a sequence. The sequence is required to be performed at 105 degree Fahrenheit to produce optimum results. Though the yoga poses were based on Hatha Yoga, Bikram claimed that he developed specific poses in a sequence to provide health benefits, and urged readers of his book to practice them in the order provided. He registered a copyright over his book with the US Copyright Office.

In 2009, Mark Drost and Zefea Samson, who underwent teacher training course with Bikram, started Evolation Yoga LLC to offer different types and styles of yoga. Their yoga offerings included ‘hot yoga,’ which included the sequence expounded by Bikram in his book. In 2011, Bikram sued Mark and Zefea in the US District Court for the Central District of California (“District Court”) for copyright infringement. The District Court ruled in the case that Bikram’s yoga sequence is not entitled to copyright protection. On appeal, the Court of Appeals for the Ninth Circuit (“Ninth Circuit”) affirmed the District Court’s decision.

The Ninth Circuit came to the conclusion that Bikram’s yoga sequence is not copyrightable because it is a method or process that fell within the scope of unprotectable ideas. When seen independently or as a compilation, the Court pointed out that the sequence of yoga poses and breathing exercises claimed by Bikram are aimed at achieving  results in the form of wellbeing, energy, etc., which makes the sequence being claimed a process that is not copyrightable subject matter. The Court stated that copyright protection of a compilation of yoga asanas does not extend to the asanas themselves and their practice.

The Ninth Circuit differentiated Bikram’s yoga sequence from dance choreography, which includes static and kinetic successions of bodily movement in certain rhythmic and spatial relationships, but does not cover social movements and simple routines. The Court pointed out that choreography copyright does not extend to simple movements that form part of daily life and expression such as brushing, walking, and so on, even if they are arranged in a succession. However, specific dance movements and patterns may be copyrighted even if they are not accompanied by music and do not tell a story. The Court stated that Bikram’s yoga sequence did not qualify as a choreographic work as it fell outside the realm of performing arts, and is meant to achieve a practical result. It pointed out that the sequence, if at all, is the subject matter of patent protection.

The Court in this case differentiated between a sequence of movements and postures to achieve a result from a sequence of movements and patterns that form part of performing arts. In the Court’s view, a sequence primarily meant for health benefits is not copyrightable, but a choreography, which includes a sequence of dance movements meant for performing would be copyrightable. Choreography copyright will however not cover basic dance moves, simple routines and standard practices.

Reference

Bikram’s Yoga College of India v. Evolation Yoga, available at https://caselaw.findlaw.com/us-9th-circuit/1714982.html, visited on 12th December, 2019.

  INTELLEPEDIA IP SEMINARS

Dancing with Intellectual Property

From dance choreography and settings to dance music and costumes, various aspects of dance can be protected as intellectual property. Protecting dance sequences and moves, videos and music, sets and costumes, personality attributes and names, and social media presence can help dancers commercialise their creative work and prevent its misuse.

Aimed at dancers, this specially designed session helps dancers understand how to protect their creativity and movement art. It provides insights into how their work can be commercialised, and what steps can be taken to prevent infringement of their work online and offline.

Faculty

Dr. Kalyan C. Kankanala

The session will be led by Dr. Kalyan C. Kankanala, a reputed entertainment law attorney in India. He has over the years provided IP consultation and advisory services for several performers, artists, authors and musicians.

Register here – https://www.townscript.com/e/dancing-with-intellectual-property-222404

[bananaipindia]

Can Photographs infringe Dance Choreography Copyright?

New Post has been published on https://www.bananaip.com/ip-news-center/can-photographs-infringe-dance-choreography-copyright/

Can Photographs infringe Dance Choreography Copyright?

Can you take photographs of a dance performance and publish them in an article or a book? This question came up before a US Court in the 1980s, a few years after choreography was added as a copyrightable work under the US Copyright Law. The case related to a popular choreographic work of George Balanchine, a renowned ballet master. Balanchine choreographed his own version of the ballet The Nutcracker, set to music by Tchaikovsky. The Nutcracker was a very popular ballet, and was performed by the New York City Ballet Company every christmas season. Tickets for all shows were always sold out, and it was both commercially successful and recognised as a classic. In 1981, Balanchine registered a copyright over the choreography of his Nutcracker Ballet.

George Balanchine executed a will leaving all media, performance and other rights in his works in favour of certain legatees including Barbara Horgan, his personal assistant. In 1985, Horgan learned that Macmillan was planning to publish a book about the Nutcracker Ballet, which would include photographs taken during the performance. She sent a notice objecting to the publication, but Macmillan decided to go ahead and publish the book without Horgan’s permission. The book included about sixty photographs of the Nutcracker Ballet performance interspersed with writing about the story and other details.

Horgan filed a copyright infringement suit against Macmillan, praying for a preliminary injunction enjoining the publication of the book. The District Court rejected Horgan’s plea by stating that the still photographs, which capture specific moments do not recreate the dance choreography. On appeal, the Court of Appeals for the Second Circuit (“Second Circuit”) stated that the District Court applied the wrong test, reversed the decision and remanded the case for a decision based on the correct standard of law.

In the Second Circuit’s words, “… the district judge took a far too limited view of the extent to which choreographic material may be conveyed in the medium of still photography. A snapshot of a single moment in a dance sequence may communicate a great deal. It may, for example, capture a gesture, the composition of dancers’ bodies or the placement of dancers on the stage. Such freezing of a choreographic moment is shown in a number of the photographs in the … book, … .

A photograph may also convey to the viewer’s imagination the moments before and after the split second recorded. On page 76-77 of the … book, for example, there is a two-page photograph of the “Sugar Canes,” one of the troupes that perform in The Nutcracker. In this photograph, the Sugar Canes are a foot or more off the ground, holding large hoops above their heads. One member of the ensemble is jumping through a hoop, which is held extended in front of the dancer. The dancer’s legs are thrust forward, parallel to the stage and several feet off the ground. The viewer understands instinctively, based simply on the laws of gravity, that the Sugar Canes jumped up from the floor only a moment earlier, and came down shortly after the photographed moment. An ordinary observer, who had only recently seen a performance of The Nutcracker, could probably perceive even more from this photograph. The single instant thus communicates far more than a single chord of a Beethoven symphony.”

Following the Second Circuit’s decision, the parties settled the case.

Reference

Barbara Horgan, As Executrix of the Estate of Georgebalanchine, Plaintiff- Appellant, v. Macmillan, Inc., Ellen Switzer, Steven Caras, and Costas,defendants-appellees, 789 F.2d 157 (2d Cir. 1986).

  INTELLEPEDIA IP SEMINARS

Dancing with Intellectual Property

From dance choreography and settings to dance music and costumes, various aspects of dance can be protected as intellectual property. Protecting dance sequences and moves, videos and music, sets and costumes, personality attributes and names, and social media presence can help dancers commercialise their creative work and prevent its misuse.

Aimed at dancers, this specially designed session helps dancers understand how to protect their creativity and movement art. It provides insights into how their work can be commercialised, and what steps can be taken to prevent infringement of their work online and offline.

Faculty

Dr. Kalyan C. Kankanala

The session will be led by Dr. Kalyan C. Kankanala, a reputed entertainment law attorney in India. He has over the years provided IP consultation and advisory services for several performers, artists, authors and musicians.

Register here – https://www.townscript.com/e/dancing-with-intellectual-property-222404

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The Fight for Martha Graham's Copyrights and Trademarks in Technique, Style, Choreography, Sets, Jewellery, Costumes and Music.

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The Fight for Martha Graham's Copyrights and Trademarks in Technique, Style, Choreography, Sets, Jewellery, Costumes and Music.

Martha Graham is well known for her modern dance technique, choreography, sets, costumes, jewellery and other creative work, and she is today a legend in dance circles. Her unique technique and style is referred to as Martha Graham Technique or Graham’s Technique after her name. Martha Graham was quite protective of her creative work, and allowed very few dance companies to perform her choreographies during her life time. In her effort to finance her creative work and promote/disseminate her technique/style, Martha Graham formed Martha Graham Center of Contemporary Dance (“Centre”) and Martha Graham School of Contemporary Dance (“School”). Both of them had the same set of directors, and the Center along with other non-profit organisations funded her work.

Martha Graham’s Employment

In 1956, Martha Graham entered into a part time employment agreement with the School as program director. The contract required her to dedicate one third of her time to the School for a period of ten years. Her responsibilities included teaching dance and overseeing educational programs of the School. When the contract expired in 1966, Martha Graham was appointed as the Artistic Director of the Center and School, and was required under the contract to create dance work and monitor/manage performances. She continued in this position until her death in 1991.

Martha Graham’s Will

Martha Graham developed a close relationship with Ronald Portas, a photographer, to whom she decided to bequeath her rights and interests in her dance works, musical scores, scenery sets, personal papers and her name. Towards this end, she executed a will in his favour. After Martha Graham’s death, Portas was appointed the Artistic Director of the School. In 1998, Portas set up the Martha Graham’s Trust (“Trust”) and later Martha Graham School and Dance Foundation (“Foundation”). He vested all copyrights in Martha Graham’s works acquired through the will in the Trust. He granted an exclusive license to the Center to teach Martha Graham’s Technique along with a non-exclusive license for live performances of her works.

Dispute over Martha Graham’s Works

Ronald Portas served as the Artistic Director of the Center after Martha Graham, and when he wanted to leave, a dispute arose about who should be appointed next. That led to a conflict, and both the Center and the Trust obtained copyright registrations for the same dance works of Martha Graham. Ronald Portas filed a suit before the Court of Southern District of New York asking the Court to enjoin the Center and the School from using Martha Graham’s trademark, teaching her technique, and performing her choreographies. He also sought a declaration from the Court that the Trust owned all rights over Martha Graham’s dances, sets, jewellery, costumes, etc. The Center contested the Trust’s ownership, and claimed that it owned the works.

Martha Graham’s Copyright and Trademark Ownership

After reviewing the facts, the Court held that the Center owned copyrights over choreographies with respect to 45 of Martha Graham’s dances as they were made during her employment tenure with the Center and the School. Applying the work for hire doctrine, the Court concluded that all copyrights in the dance works created by Martha Graham during her course of employment belonged to the Center and not the Trust as claimed by Portas. It stated that only one work belonged to Portas and the Trust by virtue of Martha Graham’s will. The Court further held that ten of Martha Graham’s works were in the public domain, nine were not published with appropriate notices, and copyrights were not reserved with respect to five works. The Court also held that the Center held rights with respect to use of Martha Graham’s name and trademarks.

On Appeal, the Court of Appeals for the Second Circuit (“Second Circuit”) affirmed a majority of District Court’s findings. However, with respect to works created during Martha Graham’s employment as a part time employee and a couple of other works, the Court remanded the case to the District Court to determine ownership once again in line with its directions. The Second Circuit also held that Acrobats of God dance copyright vested with Ronald Portas and the Trust.

Following the remand, the District Court of the Southern District of New York came to the conclusion that the Center owned the copyrights with respect to Martha Graham’s copyrights during her employment as part-time employee as well as common law copyrights assigned by Martha Graham after she established  the Center. On appeal, the Second Circuit affirmed this judgment of the District Court. The Supreme Court refused to hear the case, putting an end to this IP ownership battle. As it stands today, the Center and School set up Martha Graham own IP over most of her works.

Conclusion

Different facets of dance, ranging from the dancer’s name and technique/style to her choreography, sets, costumes and jewellery can be protected   under different forms of IP. The protection will not only provide a dancer the much needed recognition  of her work, but will also provide a dancer the opportunity to  control the use of her work and gain commercial benefits. However, if ownership of dance work, transfer of rights and licenses are not clearly laid out, the dancer may not be able to take advantage of her IP rights. In today’s dance culture, where most dance work and performance  works on word of mouth, dancers may not find themselves in the most suitable position to  own and assert their IP rights and gain financial benefits from their creative work and performances. Like in the Martha Graham’s case, dancers may not hold IP rights they think they hold and may not be able to control/commercialise them as they wish.

Reference

Martha Graham School and Dance Foundation, Inc., and Ronald Protas, Individually and As Trustee of the Martha Graham Trust, Plaintiffs-counter-defendants-appellants, v. Martha Graham Center of Contemporary Dance, Inc., and Martha Graham School of Contemporary Dance, Inc., Defendants-counterclaimants-appellees, US Court of Appeals for the Second Circuit – 455 F.3d 125 (2d Cir. 2006) if they do not appropriate steps to protect and manage IP rights in their dance works.

INTELLEPEDIA IP SEMINARS

Dancing with Intellectual Property

From dance choreography and settings to dance music and costumes, various aspects of dance can be protected as intellectual property. Protecting dance sequences and moves, videos and music, sets and costumes, personality attributes and names, and social media presence can help dancers commercialise their creative work and prevent its misuse.

Aimed at dancers, this specially designed session helps dancers understand how to protect their creativity and movement art. It provides insights into how their work can be commercialised, and what steps can be taken to prevent infringement of their work online and offline.

Faculty

Dr. Kalyan C. Kankanala

The session will be led by Dr. Kalyan C. Kankanala, a reputed entertainment law attorney in India. He has over the years provided IP consultation and advisory services for several performers, artists, authors and musicians.

Register here – https://www.townscript.com/e/dancing-with-intellectual-property-222404

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Dance's Literary and Dramatic Aspects: From Yakshagana Ballet to Yaksharanga

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Dance's Literary and Dramatic Aspects: From Yakshagana Ballet to Yaksharanga

Academy of General Edu., Manipal Vs. Malini Mallya

In a case involving Yakshagana, a form of ballet dance, the Supreme Court pointed out that literary and dramatic works acquire distinctive protection under the Indian Copyright Act. It stated that script of a drama acquires protection as a literary work, and that includes dramatic literature in its fold. However, dance, choreography, scenic arrangements and other aspects of ballet like works will be considered as dramatic works. Simply put, the script of a play is copyrightable as a literary work, and the movements, acting, choreography and arrangements are protectable as dramatic works.

The case related to works of Dr. Kota Shivarama Karanth (“Dr. Karanth”), a Jnanapeeth awardee, who is known for his work in making derivative works of Yakshagana, which he called Yaksharanga. Dr. Karanth composed seven verses or prasangas for performing Yaksharanga ballet, and made several changes to the original dance form. The changes pertained to different aspects of Yakshagana such as Raga, Tala, Scenic arrangement, Costumes, and so on. While determining the scope of bequeath in Dr. Karanth’s will, the Supreme Court pointed out that both literary and dramatic works formed part of the will.

By concluding that Ms. Malini Mallya owned the copyrights in the dramatic and literary works of Yaksharanga based on Dr. Karanth’s will, the Court restrained the restrained the Appellants from performing Yaksharanga without Malini’s permission. It however stated that the restraint does not operate against any fair use or fair dealing of the dramatic works for educational and/or religious purposes.

At a general level, dance involves different works such as choreography, scenic arrangement, acting, music, recitation/dialogues, and costumes and so on, and each of them is protectable under the copyright law. While choreography, sequences, arrangements and acting are protectable as dramatic works, lyrics, dialogues and script are protectable as literary works, compositions as musical works, props, settings and costumes as artistic works, recorded music as sound recordings. A combination of protection afforded by different works provides dance a comprehensive and integrated copyright protection.

Citation: Appellants: Academy of General Edu., Maniple and Ors. Vs. Respondent: B. Malini Mallya, Decided by Supreme Court of India, MANU/SC/0146/2009.

  INTELLEPEDIA IP SEMINARS

Dancing with Intellectual Property

From dance choreography  and settings to  dance music and costumes, various aspects of dance can be protected  as intellectual property. Protecting dance sequences and moves, videos and music, sets and costumes, personality attributes and names, and social media presence can help dancers commercialise their creative work and prevent its misuse.

Aimed at dancers, this specially designed session  helps dancers understand  how to protect their  creativity and movement art. It provides insights into how their work can be commercialised, and what steps can be taken to prevent infringement of their work online and offline.

Faculty

Dr. Kalyan C. Kankanala

The session will be led by  Dr. Kalyan C. Kankanala, a reputed entertainment law attorney in India. He has over the years provided IP consultation and advisory services for several performers, artists, authors and musicians.

Register here – https://www.townscript.com/e/dancing-with-intellectual-property-222404

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The Dance of Intellectual Property

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The Dance of Intellectual Property

“The body says what words cannot.” – Martha Graham

Dancers express ideas, stories, feelings, thoughts, etc., by movements, static or dynamic. They express and interact through their body, often accompanied by music, in artistic costumes, settings and lighting. A dance performance integrates several elements of creativity, many of which are protectable as intellectual property in the form of copyrights, industrial designs, and patents. Representations used by dancers can be protected as trademarks, and their identity under the publicity rights regime. Protecting IP provides dancers, choreographers, dance musicians, artists and lighting experts, the opportunity to license, merchandise and commercialise their work.

In today’s business context, a performance need not be the end for a dancer. It can be the beginning for their financial independence, commercial success and sustained revenues over a long period of time. Intellectual Property protection, licensing and commercialisation can open doors that are normally not available to dancers. From licensing of choreography to merchandising dance work, IP has the potential to make a difference to professional dancers and their financial standing.

Dancing with Intellectual Property

On 8th December, 2019, BananaIP’s Intellepedia is organising a session for dancers at BananaIP’s office at Bangalore. During the session, Dr. Kalyan Kankanala and his colleagues will discuss nuances of protecting different aspects of dance, opportunities and possibilities of licensing work of dancers, and options available to dancers to generate revenues. Dancers interested in the workshop may register here – Register Now

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Session Details

Venue: BananaIP Counsels, 3rd Floor, 3rd Main Road, JC Industrial Estate, Kanakapura road, Bangalore 560062.

Time: 2 PM (2 Hours)

Date: December 8th, 2019

Google Map Link: https://g.page/BananaIP?share

Contact Information: +91-9951116999 / seminars@bananaip.com

Registration Fees: Rs 500 + Taxes

Registration: Register Now

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Intellepedia Presents a Seminar on Intellectual Property for Business and Financial Benefit

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Intellepedia Presents a Seminar on Intellectual Property for Business and Financial Benefit

We’re holding a half day IP seminar, Intellectual Property for Business and Financial Benefit on February 14th at BananaIP Counsels in Bangalore. Spaces are reserved exclusively for Senior-level individuals, R&D Leaders, Technology and Innovation Driven Startups.

How to take advantage of IP in today’s business context in India?

Intellectual Property has today emerged as an important business tool in India. From financial  valuation and increasing business revenues to gaining business advantage and market share, IP is being used effectively by large and small companies as well as startups to gain business and  competitive advantage. The increase in number of patent, trademark, industrial design and copyright filings in 2019 indicate the increase in value being given by businesses to different forms of IP. The tightening of enforcement mechanisms, progress of judicial understanding, and implementation of transparent and efficient systems augur well for technology and knowledge driven companies in India. Simply put, the IP ecosystem in India is now  most suitable than ever before, and  provides the environment for business benefit.

This specially designed session, led by Dr. Kalyan C. Kankanala, a well known IP leader in India, provides unique insights into the progress of the IP system and strategies for business/competitive advantage. Among others, the session will cover  the following questions:

How should companies look at IP in today’s business context?

What has changed over the last five years and where does the IP system in India stand today?

What are some common strategies adopted by businesses to take advantage of IP in India?

How should companies and startups strategize their IP protection, management and commercialization?

How can you gain financial benefits from your IP?

What goes into IP planning and commercialization?

Is IP really worth the effort?

How to use others’ IP without getting into trouble?

How to stop competitors from using your IP?

What are some simple steps companies can take without approaching attorneys?

Faculty

Dr. Kalyan C. Kankanala

Dr. Kalyan, holds advanced IP degrees from the world’s leading law institutions, National Law School of India University, Bangalore and Franklin Pierce Law Center USA

Recognized among the top IP minds of India

Has advised more than 1000 clients on IP matters

Internationally cited IP attorney and strategist

Take Aways for Registrants

Unique insights into the  IP system in India and strategies to take advantage of it

Opportunity to interact with leading IP attorneys and experts in India

Preferential treatment for IP filings

Registeration:

Register Now

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About BananaIP

After 15-years of IP services and excellence, BananaIP is recognized as a pioneer in the evolution of IP in India through high quality services, law, and policy contributions, highly cited publications, and proactive technology integration.

With a team of more than 60 legal and technical professionals, BananaIP is one of the largest IP firms in India today. We serve more than 600 clients and have managed more than 20,000 files or projects. We’ve counselled more than200 start-ups and numerous individual entrepreneurs. We also have published ten IP books and more than 5,000 articles on leading online forums, journals, magazines, and publishers. Our home IP publication, Intellepedia, is recognized as one of the world’s top 10 IP blogs and is a primary reference source for in house counsels, legal professionals, and academics.

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The Business of Building, Managing and Monetizing Intellectual Property Assets

New Post has been published on https://www.bananaip.com/ip-news-center/the-business-of-building-managing-and-monetizing-intellectual-property-assets/

The Business of Building, Managing and Monetizing Intellectual Property Assets

Today, Intellepedia successfully conducted  its yearly seminar on “Building an Intellectual Property Framework for your Organization”. In line with the tradition, the seminar brought together leading IP experts and senior management of companies to discuss business aspects of intellectual property, and ways to build, manage and commercialise IP assets. This year’s seminar hosted two reputed IP professionals, Dr. Kalyan C. Kankanala, Managing Partner of BananaIP Counsels, and Mr. Ram Sitaraman – Principal Engineer, Heading IPR at Mahindra & Mahindra. Representatives from more than 25 companies took part in the seminar, which witnessed discussions and exchanges pertaining to IP developments from the business perspective.

The seminar started with Dr. Kalyan Kankanala’s session on  the business of intellectual property, which focussed on the value of IP for businesses in India. He started his session by stating that ‘IP is no longer an option for businesses in India, it is a necessity.’ He then went on to  discuss some important IP concepts and their evolution under the Indian law. With the help of statistics, he elucidated the    progress and value of IP in India, and spoke about why every company is in the IP game whether they like it or not. Dr. Kalyan then went on to talk about basics of IP strategy and the value of IP mining in discovering, excavating, protecting and commercialising intellectual property. He ended his session by talking about exclusive, open and public domain models and their integration into IP strategy. Dr. Kalyan’s colleague Ashwini Arun assisted him with statistics during the presentation.

Following Dr. Kalyan’s presentation, Mr. Ram Sitaraman spoke about strategies for integration of intellectual property into a company’s business. From creating and discovering to protecting and monetising IP in a company, Mr. Ram  provided insights into frameworks that might be used by businesses to ain value. He also provided insights into processes, systems and mechanisms that may be implemented in companies for various activities from incentivising inventors to valuing IP assets. Based on his experience with companies like GE, Infosys, TCS and Mahindra, he provided  very useful pointers about what companies must bear in mind to  use IP for business success. Mr Ram’s talk was filled with very interesting  examples, cases and models.

After the event, the primary organiser, Mr. Sanjeeth Hegde said, “The seminar went as planned and I am happy to note the increasing interest of companies in building IP frameworks to gain commercial value from their IP assets. Bangalore has been recognised as one of the innovation hot spots of the world by WIPO, and we hope to play our role in furthering that image through our events. If all goes as per plan, we hope to organise another event in February, 2020.” Mr. Sanjeeth was assisted by Mr.  Venkatesh Rao from BananaIP Counsels.

  For more information about Intellepedia’s upcoming Intellectual Property Seminars, visit www.bananaip.com/intellepedia