Blogs

Divisional Application

11th January, 2013 - 1:57 pm Categories: IP Practice in India Patents

Pankaj Mohanta, an intern at Khurana and Khurana Advocates and IP Attorneys gives us an overview and analysis of divisional application. BACKGROUND: A divisional patent application is generally a fair basic patent application which differs from the parent application comprising of data, analysis, results and insights about a particular invention from a previously filed application. … Continue reading Divisional Application

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Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011

26th December, 2012 - 9:37 am Categories: Trademark Litigation

Mrinal Gour, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. This was a landmark judgment with respect to registering a numeral as a trademark. Sections involved: Section 29 of Trademark Act, 1999 which talks about infringement of registered trademarks. It states the … Continue reading Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011

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IIPRD Offers 6 months Online Certificate Course

22nd December, 2012 - 10:21 am Categories: IP Practice in India News & Updates

IIPRD (Institute of Intellectual Property Research and Development) offers a Six Months Certificate Course on “Patent Portfolio Creation & Management”, which is continually ongoing since 2009 and has successfully enrolled over 300 students in the last over 3 years. The course is an online distance learning course, making it especially very effective for working professionals, … Continue reading IIPRD Offers 6 months Online Certificate Course

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Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications

22nd December, 2012 - 9:14 am Categories: IP Practice in India News & Updates

The Indian Patent Office (IPO) has recently issued another set of guidelines, this time on examination of biotechnology applications. Our earlier write-up on a set of guidelines issued by IPO, for examination of applications relating to traditional knowledge. The guidelines explain in detail, with illustrative examples, on various facets of patentability of biotechnology related inventions, … Continue reading Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications

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Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

19th December, 2012 - 6:04 am Categories: IP Practice in India

Anoop Mishra, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the first piece of legislation in the world to protect the farmer and recognize his contribution in preserving the biodiversity and develop new plant varieties. In order to comply with its obligations under the TRIPS Agreement, India has implemented The Protection … Continue reading Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

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Infringement of comic characters- Comic con?

1st December, 2012 - 1:05 pm Categories: Copyright Litigation IP Litigation News & Updates

Graphical characters are commercialized in the form of cartoons, posters, food products or merchandises like toys and clothes, to name a few. The profits garnered would depend on the popularity of the brand that the graphical character represents. Exploitation of the graphical character can take place if it is not legally protected. Intellectual property and … Continue reading Infringement of comic characters- Comic con?

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Trade mark licensing in India

26th November, 2012 - 6:32 pm Categories: IP Practice in India

One of the drastic turnarounds caused by the introduction of the new Trade Marks Act, 1999, repealing the old Trade Marks Act, 1958 was broadening the definition of the phrase ‘permitted use’. In the new Act, the use of a registered Trade Mark is now permitted not only by the registered user, but also by … Continue reading Trade mark licensing in India

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Indian Patent Office (IPO) publishes guidelines for Indian patent applications relating to plant (herbal) compositions

17th November, 2012 - 10:42 am Categories: IP Practice in India

The Controller General of Patents has issued guidelines for processing of patent applications relating to Traditional Knowledge (TK) and biological materials on November 08, 2012. The guidelines have been issued in lieu of the fact that a number of the Indian Patent Applications relating to herbal (plant) compositions/extracts/alkaloids (and other biological resources from India) are … Continue reading Indian Patent Office (IPO) publishes guidelines for Indian patent applications relating to plant (herbal) compositions

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Roche v Cipla: Part 2: Infringement

14th November, 2012 - 5:11 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

In continuation of the last piece over here, let’s now discuss the actual issue of infringement of IN ‘774 patent by Cipla crisply. My apologies for a long delay in writing this piece due to long travelling schedule and back-to-back heavy projects thereafter. Nevertheless, it is better to be late than never. Here it goes. … Continue reading Roche v Cipla: Part 2: Infringement

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Roche v Cipla: Part 1: Validity of Patent

26th September, 2012 - 7:53 am Categories: IP Litigation IP Practice in India News & Updates Pharma/Biotech Patent Litigations

In continuation of our previous post here, and following the availability of the 275 page judgement, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. … Continue reading Roche v Cipla: Part 1: Validity of Patent

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