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Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?
Section 62 of the Copyright Act, 1957, Section 134 of the Trademark Act, 1999, Section 104 of the Patents Act, 1970 and section 20 of Code of Civil Procedure (CPC), 1908 govern the applicable jurisdiction to file suits/ civil proceedings in case of Copyright, Trademark and Patent disputes. These sections have been reproduced below: For … Continue reading Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?
Read more »Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes
Years 2015 and 2016 have been very important in terms of what they have offered to bring clarity on the jurisdiction where suits/ civil proceedings related to Trademark and Copyright can be instituted. IIPRD has written one article discussing some of these cases. Intent of the instant article is not to discuss facts of those … Continue reading Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes
Read more »Submission on SEPs and Their Availability Under FRAND Terms
Introduction This submission is with respect to the discussion paper published by DIPP on Standard Essential Patents (SEPs) and their availability under FRAND terms. As one of the prime objects of IP laws is to promote/establish a fair balance between IP protection and Public interest, it is becoming essential for the governing bodies to have … Continue reading Submission on SEPs and Their Availability Under FRAND Terms
Read more »Employee VS Employer: Country Wise Ownership Rights on IP
The renewed focus on R&D especially under ‘Make in India’ to boost the manufacturing sector, needs the internationalization of Intellectual Property (IP) Rights policies. The confusion over the rights of employees and employer over the ownership of inventions needs special attention. The judgment of High Court (HC) of Bombay in Darius Rutton Kavasmaneck v Gharda … Continue reading Employee VS Employer: Country Wise Ownership Rights on IP
Read more »Era of Start-Ups in India-ease in Intellectual Property Registration to be Decisive Factor
There have been many developments recently that have streamlined the of registration of Intellectual Properties (IPs) of Start-Ups. This article discusses the chronological events and the latest position on the IP registration of Start-Ups. Under the ambitious plan, ‘StartUp India, StandUp India’, Government of India launched Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP). This … Continue reading Era of Start-Ups in India-ease in Intellectual Property Registration to be Decisive Factor
Read more »Patent (Amendment) Rules, 2016 Takes Effect from May 16, 2016
Patent (Amendment) rules, 2016 making amendments to the Patents Rules, 2003 (Principal Rules) of the Patents Act, 1970 have taken effect from May 16, 2016. Public notice from CGPDTM regarding the same can be accessed here. Patent (Amendment) rules, 2016 are already popular and making the headlines mainly because of what it has to offer … Continue reading Patent (Amendment) Rules, 2016 Takes Effect from May 16, 2016
Read more »Deciphering the Intricacies Related to Protection of Graphical User Interface in India
Mahima Sharma, an intern at Khurana & Khurana looks into the intricacies involved in the process of protection of Graphical User Interface in India which seems to be in limelight wherein there exists some uncertainty over the same. GUI Protection under Designs Act, 2000: In India, a Design registration can be obtained for new or … Continue reading Deciphering the Intricacies Related to Protection of Graphical User Interface in India
Read more »Combating Opioid Misuse – COMBAT (Curb Opioid Misuse By Advancing Technology Act of 2016)
The Congress recently introduced a bill on the COMBAT Act (Curb Opioid Misuse By Advancing Technology Act of 2016) to incentivize the development of abuse-deterrent opioids by amending the Federal Food, Drug, and Cosmetic Act to extend the exclusivity period for certain drug products developed or labeled so as to reduce drug abuse, and for … Continue reading Combating Opioid Misuse – COMBAT (Curb Opioid Misuse By Advancing Technology Act of 2016)
Read more »Notification Related to Abeyance of Mass Abandonment Orders: A Sigh of Relief to Trademark Applicants
Reportedly, the Trade Mark registry has abandoned huge number of trademark application since 28th March 2016. The Intellectual Property Attorneys Association, an organization based in Delhi, filed writ petition at Delhi High court alleging that the trademark registry has cancelled an unusually huge number of trademark applications without issuing notices to the applicants or their … Continue reading Notification Related to Abeyance of Mass Abandonment Orders: A Sigh of Relief to Trademark Applicants
Read more »Snapshot of the Latest Examination Guidelines for Computer-Related Inventions (CRIs) in India – Feb 2016
Indian Patent Office (IPO) has come up with another set of revised guidelines indicating how CRIs would be examined in India. This piece is a quick update and summary of the guidelines, although practically speaking, nothing much has really changed as regards the interpretation of the statute Section 3(k) is concerned and the tests mentioned … Continue reading Snapshot of the Latest Examination Guidelines for Computer-Related Inventions (CRIs) in India – Feb 2016
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