Category: India

CORPORATE INSOLVENCY RESOLUTION PROCESS (CIRP) OF JAYPEE INFRATECH: IMPLICATION ON WISHTOWN ; JAYPEE AMAN HOUSING PROJECT – CLAIM SUBMISSION BEFORE AUG 24, 2017

Introduction On August 9, 2017, the Allahabad Bench of National Company Law Tribunal (“NCLT”) admitted[1] the insolvency application of IDBI Bank against Jaypee Infratech Ltd. under Section 7 of the Insolvency and Bankruptcy Code, 2016[2] (“IBC”). On June 13, 2017, the Reserve Bank of India (“RBI”) issued a press release[3] whereby it identified 12 accounts … Continue reading CORPORATE INSOLVENCY RESOLUTION PROCESS (CIRP) OF JAYPEE INFRATECH: IMPLICATION ON WISHTOWN ; JAYPEE AMAN HOUSING PROJECT – CLAIM SUBMISSION BEFORE AUG 24, 2017

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Compulsory licensing

Compulsory licenses are sovereign state authorizations which enable a third party to make, use, or sell a patented product without the consent of the patent holder. Provisions pertaining to compulsory licensing are provided for under both the Indian Patent Act, 1970, as well as the international legal agreement between all the member nations of WTO … Continue reading Compulsory licensing

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SUMMARY JUDGMENT IN INTELLECTUAL PROPERTY DISPUTES UNDER ORDER XIII-A OF CIVIL PROCEDURE CODE

Applicability of order XIII-A of CPC to Intellectual Property Dispute With the objective of streamlining and expediting the disposal of disputes in litigation, the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as the “Act”) came into effect on October 23, 2015.  The Act provides for the … Continue reading SUMMARY JUDGMENT IN INTELLECTUAL PROPERTY DISPUTES UNDER ORDER XIII-A OF CIVIL PROCEDURE CODE

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Headline: Dealing with John Doe Orders in India

Standfirst: In an effort to reduce piracy, the media and film industries are increasingly seeking John Doe orders against internet service providers, illegal unlicensed distributors and cable operators, say Amruta Mahuli, Abhijeet Deshmukh and Abhishek Pandurangi of Khurana and Khurana. Pullquote: “The injunctions on blocking of entire websites ought not be granted ‘unless it is … Continue reading Headline: Dealing with John Doe Orders in India

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IIPRD among top 100 Intellectual Property Blogs- FEEDSPOT

IIPRD, with great pleasure, is happy to announce that it has been ranked as one of the top 100 Intellectual Property Blogs writer from thousands of top Intellectual Property Blog writers on IP, Patents, Trademarks and Copyrights by Feedspot. IIPRD strives to ensure delivering and providing insights to the IP industry continuously and extensively to … Continue reading IIPRD among top 100 Intellectual Property Blogs- FEEDSPOT

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International Patent Drafting Competition

Patents are a major area of business proficiency nowadays and recently in India too, it has become as important as marketing, finance, corporate governance, and manufacturing economics. India’s growing R&D operations have taken a beating due to lack of in-house professionals to file patents applications. Even then, the numbers clearly indicate that there is a … Continue reading International Patent Drafting Competition

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Biological Diversity Act, 2002 and Patenting of Biological Inventions in India – Part I (Section – 6)

The Biological Diversity Act of 2002 (BDA) is a piece of Indian legislation which came into being in response to compliance with the Convention on Biological Diversity (CBD), to which India is a ratified member. In fact, India has taken the lead among developing and developed nations both in introducing a substantive legislation in conformance … Continue reading Biological Diversity Act, 2002 and Patenting of Biological Inventions in India – Part I (Section – 6)

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Liability of online market portals vis-à-vis trademark infringement in the cyberspace

With the emergence of globalization and sharp advancement of technologies, our society and its knowledge making has also changed steadily. The scope and range of knowledge has expanded and is only a click away, due to the expansion of digital connectivity. However with every pro come the cons. Infringements of copyrighted works are considered as … Continue reading Liability of online market portals vis-à-vis trademark infringement in the cyberspace

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Can non-compliance of mandatory provisions under the patents act, 1970 land you behind the bars?

Technically YES. The Patents Act, 1970 (hereinafter referred to as the “Act”) is a piece of legislation, penalties under which are largely civil in nature, such as fines, award of monetary damages, injunction, loss of patentee rights including compulsory licensing, abandonment of application or revocation of a patent. However, violation of certain provisions, such as … Continue reading Can non-compliance of mandatory provisions under the patents act, 1970 land you behind the bars?

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Early publication of patent application under the Indian patent law system

Publication of a patent application is one of the prime stages in the process of getting a patent. The publication date of the patent application is considered of a specific significance because the applicants’ advantages as well as rights start from the publication date. Even though the applicant cannot seek any infringement proceedings till the … Continue reading Early publication of patent application under the Indian patent law system

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