Blogs

Day of reckoning for domain name bullies!

Eversince the advent of the Domain Name System, the entire world has experienced a radical metamorphosis that has brought about a revolution in the way we communicate and connect. Domain names have dramatically expanded the reach of businesses and brands to hundreds of millions of people and have incontrovertibly become an indispensable tool for business … Continue reading Day of reckoning for domain name bullies!

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IPO displays Month & year of RFE that are being examined

Indian Patent Office (IPO) makes available a dynamic grid here also shown below: IPO will make the month and year for the Request for Examination (RFE) filed that are currently being examined and the First Examination Report (FER) being issued, for each of the Groups, as displayed hereinabove. IPO also states that if FER is … Continue reading IPO displays Month & year of RFE that are being examined

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Draft Patents (Amendment) Rules 2013

Indian Patent Office (IPO) has recently published Draft Patents (Amendment) Rules 2013 here and has invited comments (objections or suggestions) from public within 45 days from the publication of the notification (12th June 2013). The main changes proposed are the following: 1. There is a 100% hike in official fees for almost all the proceedings … Continue reading Draft Patents (Amendment) Rules 2013

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LOWENBRAU vs. LOWENBRAU- A NON-USE CONTROVERSY

Gajendra Khichi, an intern at Khurana and Khurana talks about case of non-use of trade mark. Through this post, he gives special emphasis on the case of M/s. Lowenbrau Buttenheim vs. M/s. Lowenbrau Munchen, which created quite a stir regarding non-use of trade mark. The object of the trademark law is to protect the rights … Continue reading LOWENBRAU vs. LOWENBRAU- A NON-USE CONTROVERSY

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Advocate as a Patent Agent, without passing the exam?

Gaurav Jit Singh, an intern at Khurana and Khurana talks regarding a recent judgement about case of declaring any advocate as Patent Agent without passing the Patent Agent Examination and the judgement from the court. The judgment, dated March 15, 2013, declares amendment introduced via Section 67 (a) of the Patents (Amendment) Act of 2005 … Continue reading Advocate as a Patent Agent, without passing the exam?

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VERNON HUGH BOWMANv/s MONSANTO COMPANY et al. (US No. 11-796, 2013) Case of Patent Exhaustion

Gajendra Khichi, an intern at Khurana and Khurana talks about case of patent exhaustion or doctrine of exhaustion. Through this post, he gives special emphasis on the recent case of Vernon Hugh Bowman v/s Monsanto Company et al., which created quite a stir regarding patentability of seeds and plants. Today, when you acquire a new patented machine, … Continue reading VERNON HUGH BOWMANv/s MONSANTO COMPANY et al. (US No. 11-796, 2013) Case of Patent Exhaustion

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An insight on the legal implications of BYOD

Bring Your Own Device (BYOD) is a scheme wherein employees are allowed to bring their own devices like mobiles, laptops, tabs and utilize them in the workplace for work purposes. Some employers themselves fund the software to their employees, meanwhile some prefer to simply grant permission for their employees to bring their technology at their … Continue reading An insight on the legal implications of BYOD

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Generic v. Branded patent battles in India foray into life management diseases too

Patent wars in India between the foreign innovator companies and the Indian generics now seem to be spreading over life-management diseases segment. Till now the patent infringement cases have revolved and are still revolving over drugs for life-threatening diseases such as HIV, cancer where the public interest has played an important factor in the adjudication … Continue reading Generic v. Branded patent battles in India foray into life management diseases too

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India Joins Madrid Protocol

India became signatory to the Madrid Protocol for International Registration of Marks at the World Intellectual Property Organisation (WIPO) on 8th April 2013. Now, Indian applications can register their Trade Marks in as many as 89 countries through a single application. India is the 14th G-20 economy to accede to the protocol. The treaty will … Continue reading India Joins Madrid Protocol

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The Glivec saga in India is finally over

As it has been widely covered by media in and outside India, it is no new news to pharmaceutical and patent fraternity that Novartis has lost about 7 year long legal battle to secure a patent protection for its invention on beta crystalline form of imatinib mesylate in India. A 112 page long Supreme Court judgement … Continue reading The Glivec saga in India is finally over

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