Category: India

Effect of Union Budget, 2017 on the R&D/ Intellectual Property Practices in India

Union budget that was highly waited for (after demonetization) had gained more attention also due to preponing to February 01, 2017. As a matter of fact, every year budget has certain impact on various industries including IP industry and R&D sectors. In this article, we will try to analyze possible effects of 2017 budget on … Continue reading Effect of Union Budget, 2017 on the R&D/ Intellectual Property Practices in India

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Comparative Advertisement: A Perspective

Ms. Sakshi Jhalani, Intern, Khurana & Khurana, Advocates and IP Attorneys looks into the fundamentals of Comparative Advertisement vis-avis Trade Mark Rights in India. Advertising is indeed a crucial step in determining future of any product. It is the most successful and proven way to attract the attention of the potential consumers in the market. … Continue reading Comparative Advertisement: A Perspective

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REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

This article focuses on the revocation proceedings which is one of the mechanisms available for annulations of Patents in India. What is revocation of a patent? When a patent has been sealed or granted, it is not always the case that the patent shall stay unhindered by any third party till the life of the … Continue reading REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

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Section 3 (K) of Indian Patent Act: Case Study

Ms. Anjana Mohan, intern at Khurana and Khurana, Advocates and IP Attorneys attempts to analyze case study related to section 3 (k) of Patent Act, 1970. ACCENTURE GLOBAL SERVICE GMBH (Appellants) V ASSISTANT CONTROLLER OF PATENTS & DESIGN AND THE EXAMINER OF PATENTS (Respondents) CITATION- OA/22/2009/PT/DEL and Miscellaneous Petition No. 118/2012 in OA/22/2009/PT/DEL HON’BLE JUDGES/CORAM: … Continue reading Section 3 (K) of Indian Patent Act: Case Study

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India: Do we need Patent Term Extension and Non-Patent Exclusivities for Pharmaceuticals?

India, though in a phase of rapid economic development, still has the bane of poverty. In this country, around 22% of the population is Below the Poverty Line [1], and hence most of the nation’s policies are oriented towards the poor. India’s IP Policy is no different, as the IP legislature in India is mostly … Continue reading India: Do we need Patent Term Extension and Non-Patent Exclusivities for Pharmaceuticals?

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First Symposium of IIPRD in 2017

After successfully conducting several symposiums in 2016, IIPRD is coming up with one-day seminar on software and electronics patent portfolio with focus on preliminary preparation, prosecution, and litigation in India and US.  While the programme is being organized in Pune on February 23, the one in Bengaluru will be hosted February 24. The seminar is … Continue reading First Symposium of IIPRD in 2017

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Analysis of the rejection of Lumacaftor (Polymorph) patent application in India

We have been receiving requests from our Pharma clients/readers of the blog for the analysis of the decision/ facts that led to rejection of Lumacaftor (Polymorph) patent application in India since last year. Here is our take: Details of the Patent Application and important dates: Patent application number in India 2056/KOLNP/2010 Title of the invention … Continue reading Analysis of the rejection of Lumacaftor (Polymorph) patent application in India

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A Primer to Patent Application Drafting with special emphasis on standard practise(s) before the Indian Patent Office

An enforceable Patent being the key to effective Commercialization/Out-Licensing of any technology needs to be drafted well. No matter how good a technology is, if the description of the technical subject matter of a Patent is not enabling or fails to disclose all necessary embodiments, and in case the claims are narrowly drafted and do … Continue reading A Primer to Patent Application Drafting with special emphasis on standard practise(s) before the Indian Patent Office

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The Mickey Mouse Debate

Mickey Mouse has always been synonymous with Disney, and has served as their ultimate mascot.Disney Corporation has always been protective of its creations and has ensured that their copyrights and their beloved mascot, Mickey Mouse, never fall into the public domain.  Every time the first Mickey Mouse copyright is set to expire, Disney springs into … Continue reading The Mickey Mouse Debate

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PATENT INFRINGMENT SUIT BY DOLBY AGAINST OPPO AND VIVO

Anjana Mohan, an intern at Khurana & Khurana, Advocates and IP Attorneys deals with the updates in the Patent Litigation between Dolby International and two Smartphone companies Oppo and Vivo over the patented technology by Dolby. Dolby filed suits vide Suit no CS(COMM) 1425/2016 and CS(COMM) 1426/2016 against various parties including the two major Chinese … Continue reading PATENT INFRINGMENT SUIT BY DOLBY AGAINST OPPO AND VIVO

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