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Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?
Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, … Continue reading Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?
Read more »HOW TO CALCULATE TERM OF/ EXPIRY OF INDIAN PATENT?
In order to analyse Patent infringement or to conclude Freedom to Operate (FTO) search, one must know how to calculate expiry of Patents or estimated expiry of pending Patent Applications. This article discusses step-wise approach for expiry calculation for India. Amended section 53 of the Indian Patent Act, 1970 governs estimated expiry of the pending … Continue reading HOW TO CALCULATE TERM OF/ EXPIRY OF INDIAN PATENT?
Read more »Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement
3rd October, 2016 - 8:00 am
Categories:
Copyright
Copyright Infringement
Copyright Litigation
India
1 Comments
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon’ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962. This case tries to draw the line between the rights of the author, publishers of the work and competing rights of society. The case … Continue reading Interplay of section 51 and 52 of the Copyright Act, 1962: Delhi High Court judgement
Read more »Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?
17th June, 2016 - 12:20 pm
Categories:
Copyright
Copyright Infringement
India
News & Updates
Patents
Trademark
0 Comments
Section 62 of the Copyright Act, 1957, Section 134 of the Trademark Act, 1999, Section 104 of the Patents Act, 1970 and section 20 of Code of Civil Procedure (CPC), 1908 govern the applicable jurisdiction to file suits/ civil proceedings in case of Copyright, Trademark and Patent disputes. These sections have been reproduced below: For … Continue reading Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?
Read more »Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes
14th June, 2016 - 5:12 am
Categories:
Copyright
Copyright Infringement
India
News & Updates
Trademark
0 Comments
Years 2015 and 2016 have been very important in terms of what they have offered to bring clarity on the jurisdiction where suits/ civil proceedings related to Trademark and Copyright can be instituted. IIPRD has written one article discussing some of these cases. Intent of the instant article is not to discuss facts of those … Continue reading Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes
Read more »Submission on SEPs and Their Availability Under FRAND Terms
Introduction This submission is with respect to the discussion paper published by DIPP on Standard Essential Patents (SEPs) and their availability under FRAND terms. As one of the prime objects of IP laws is to promote/establish a fair balance between IP protection and Public interest, it is becoming essential for the governing bodies to have … Continue reading Submission on SEPs and Their Availability Under FRAND Terms
Read more »Era of Start-Ups in India-ease in Intellectual Property Registration to be Decisive Factor
There have been many developments recently that have streamlined the of registration of Intellectual Properties (IPs) of Start-Ups. This article discusses the chronological events and the latest position on the IP registration of Start-Ups. Under the ambitious plan, ‘StartUp India, StandUp India’, Government of India launched Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP). This … Continue reading Era of Start-Ups in India-ease in Intellectual Property Registration to be Decisive Factor
Read more »Patent (Amendment) Rules, 2016 Takes Effect from May 16, 2016
Patent (Amendment) rules, 2016 making amendments to the Patents Rules, 2003 (Principal Rules) of the Patents Act, 1970 have taken effect from May 16, 2016. Public notice from CGPDTM regarding the same can be accessed here. Patent (Amendment) rules, 2016 are already popular and making the headlines mainly because of what it has to offer … Continue reading Patent (Amendment) Rules, 2016 Takes Effect from May 16, 2016
Read more »Deciphering the Intricacies Related to Protection of Graphical User Interface in India
Mahima Sharma, an intern at Khurana & Khurana looks into the intricacies involved in the process of protection of Graphical User Interface in India which seems to be in limelight wherein there exists some uncertainty over the same. GUI Protection under Designs Act, 2000: In India, a Design registration can be obtained for new or … Continue reading Deciphering the Intricacies Related to Protection of Graphical User Interface in India
Read more »Combating Opioid Misuse – COMBAT (Curb Opioid Misuse By Advancing Technology Act of 2016)
The Congress recently introduced a bill on the COMBAT Act (Curb Opioid Misuse By Advancing Technology Act of 2016) to incentivize the development of abuse-deterrent opioids by amending the Federal Food, Drug, and Cosmetic Act to extend the exclusivity period for certain drug products developed or labeled so as to reduce drug abuse, and for … Continue reading Combating Opioid Misuse – COMBAT (Curb Opioid Misuse By Advancing Technology Act of 2016)
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