Blogs

Licensing Agreement for Multiple Pediatric-focused Products between Lupin and MonoSol Rx

Reportedly, Lupin Pharmaceutical Inc.(LPI,US subsidiary of pharma major Lupin Limited) and MonoSol Rx, a specialty pharmaceutical company have entered into a strategic licensing agreement (OCT-2016) wherein Lupin would develop multiple pediatric products utilizing MonoSol Rx’s patented PharmFilm® drug delivery technology. Lupin Limited is an innovation led transnational pharmaceutical company which develops and offers a wide … Continue reading Licensing Agreement for Multiple Pediatric-focused Products between Lupin and MonoSol Rx

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THE ORIGIN STORY OF “SUPERHERO”

Ms. Sakshi Sharma, an intern at Khurana & Khurana looks into recent opposition matters pertaining to the Trade Mark Superhero of DC and Marvel. Upon uttering the word Superhero, pretty obviously all you can picture are comic books or movies, the characters themselves or the two comic book giants which are constantly at loggerheads with … Continue reading THE ORIGIN STORY OF “SUPERHERO”

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Research Exemption under Patent laws in India and USA

Whenever a patent is granted, patentee gets a right to prevent third parties from doing certain activities without the permission of the Patent Owner. Exercising any of the rights without permission of the Patentee constitutes the infringement and infringer is liable to be prosecuted in the court of law. However, rights granted to the Patentee … Continue reading Research Exemption under Patent laws in India and USA

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SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, … Continue reading SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

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Interplay of section 63 and section 64 of Indian Patent Act, 1970

What is the effect of surrender proceedings on the ongoing opposition/ revocation proceedings? Can they be linked to each other when neither of section 63 or section 64 are subject to each other? It is important to note that both the proceedings can be initiated at any time after the grant of the Patent. Section … Continue reading Interplay of section 63 and section 64 of Indian Patent Act, 1970

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Amazon improves foothold in India: signs content licensing deal with T-series

E-commerce is growing widespread day by day in Indian market. It has become a current day reality from a buzzword, transformed the way business is done, transformed the way people transact and more specifically, has totally transformed the game for the Indian economy. Nowadays online market space is available for almost everything; you just think … Continue reading Amazon improves foothold in India: signs content licensing deal with T-series

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GOD BLESS NOVEMBER 27, 2016

Well, I am sure, this is what is crossing through the minds of the IP enthusiasts who have been waiting since long (2013-being specific) for their turn to appear for Patent Agent Examination (PAE). They were not able to do so for the want of examination taking place. November 27, 2016 has definitely brought sigh … Continue reading GOD BLESS NOVEMBER 27, 2016

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Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?

Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, … Continue reading Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?

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Wanna play Music commercially? Pay the Royalities first!

This may sound difficult given that commercial places in India have taken right to play the music as their inherent one. Situation may change soon after two recent judgements of Hon’ble Delhi HC. First one was delivered by JUSTICE S. MURALIDHAR on August 12, 2016 and second one was delivered by JUSTICE V. KAMESWAR RAO … Continue reading Wanna play Music commercially? Pay the Royalities first!

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HOW TO CALCULATE TERM OF/ EXPIRY OF INDIAN PATENT?

In order to analyse Patent infringement or to conclude Freedom to Operate (FTO) search, one must know how to calculate expiry of Patents or estimated expiry of pending Patent Applications. This article discusses step-wise approach for expiry calculation for India. Amended section 53 of the Indian Patent Act, 1970 governs estimated expiry of the pending … Continue reading HOW TO CALCULATE TERM OF/ EXPIRY OF INDIAN PATENT?

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