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Copyfight or Copyright?- An analysis on the legal scenario of parallel importation
On 19 March, 2013, in a closely divided 6-3 judgment in Kirtsaeng v. John Wiley, the U.S. Supreme Court held that copyright law could not be used to prevent parallel importation into USA for works that are made outside USA. The facts of the case are as follows: In 1997, a student named Supap Kirtsaeng, … Continue reading Copyfight or Copyright?- An analysis on the legal scenario of parallel importation
Read more »What is a Priority Date of a Patent of Addition?
This Article would not discuss as to what is a patent of addition, when does it expire etc., answers to which are clearly mentioned in the Indian Patents Act. Briefly to sum up, a Patent of addition can be filed at any time either before or after the grant of a main application for an … Continue reading What is a Priority Date of a Patent of Addition?
Read more »Depository Material
Indian Patents Act provides an applicant to deposit a biological material in support of the Indian patent application. It is an exigent via which an applicant can cure what might otherwise be a conceivably fatal defect in a patent application or even for an issued patent. A “biological deposit” can, in that case, fulfil the … Continue reading Depository Material
Read more »Trade Mark Parody- An analysis of Tata Sons v. Greenpeace
Trade Mark Parody is a defense to Trade Mark infringement. There should be no likelihood of confusion between the original host work and the parody work, as the parody will not be taken in a serious manner. It must be cleverly portrayed so as to show itself as a humorous take on the original work. … Continue reading Trade Mark Parody- An analysis of Tata Sons v. Greenpeace
Read more »Competition Law and IPR- Friends or Foes?
An intellectual property right holder is granted legal rights to protect his intellectual property- here is where competition law plays a huge role by ensuring that such power and monopoly is restricted in the market. Both intellectual property rights and competition law have co-existed separately and peacefully since a number of years. It was later … Continue reading Competition Law and IPR- Friends or Foes?
Read more »Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
The Customs Act, 1962 prohibits import of those goods that infringed intellectual property. Under Section 11, the Central Government can prohibit import or export of goods that infringed patents, trademarks or copyrights, by issuing a notification. It also covered prevention of contravention of any law for the time being in force. Further, Section 111 and … Continue reading Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
Read more »Smart Strategizing – Protection by shielding through Patent Evergreening in Pharmaceutical Domain with special reference to Roche v Cipla
17th January, 2013 - 1:20 pm
Categories:
IP Practice in India
News & Updates
Pharma/Biotech Patent Litigations
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Pankaj Mohanta, an intern at Khurana and Khurana talks about patent evergreening in the pharmaceutical domain. Through this post, he gives special emphasis on the recent landmark case of Roche v Cipla, which created quite a stir in the pharmaceutical industry. Needless to say, patent evergreening is that territory which falls in a bit of … Continue reading Smart Strategizing – Protection by shielding through Patent Evergreening in Pharmaceutical Domain with special reference to Roche v Cipla
Read more »Two International Symposiums on Patent Portfolio Management Strategies for Pharma and Biotech Industry, (i) for R&D Scientists and IP Professionals, and (ii) for Business Development and Licensing Professionals (running concurrently)
About the Symposiums: These Symposiums feature presentation of all important patent issues, as mentioned in the brochure, related to two different groups i.e. Business Development and Licensing Professionals on one hand and R&D Scientists & IP Professionals on the other hand. Both these symposiums for different groups would run concurrently in the different Conference Halls … Continue reading Two International Symposiums on Patent Portfolio Management Strategies for Pharma and Biotech Industry, (i) for R&D Scientists and IP Professionals, and (ii) for Business Development and Licensing Professionals (running concurrently)
Read more »Divisional Application
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
Read more »Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011
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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