A Change in Year Brings Change in IP Laws and Policy
The intellectual property (IP) concepts that are applied today to the national laws and international treaties and organizations date back to eighteenth century. The IP laws vary from one country to another. The changes in Intellectual property laws also depend on the changes in technology. Due to emerging new technologies and R&D activities, the intellectual … Continue reading A Change in Year Brings Change in IP Laws and Policy
Read more »IPAB: Nature of Jurisdiction, Power and Authority
2nd January, 2014 - 5:17 am
Categories:
IP Litigation
IP Practice in India
IPAB Decisions
Patent Litigation
Patents
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Akash Patel, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the nature of jurisdiction at the IPAB, its power and authority. In a judgment dated July 08, 2013, a larger bench of Intellectual Property Appellate Board (hereinafter read as IPAB) had decided on two important issues, one relating to IPAB’s power … Continue reading IPAB: Nature of Jurisdiction, Power and Authority
Read more »Central Government’s power of Revocation of Patent in Public Interest
2nd January, 2014 - 3:10 am
Categories:
IP Litigation
IP Practice in India
Patent Litigation
Patents
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Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, looks at Central Government’s power of Revocation of Patent in Public Interest. The Indian Patent Act,1970(hereinafter Act) empowers the Central Government to revoke any patent granted by the Indian Patent Office if it feels that the said patent is prejudicial to public … Continue reading Central Government’s power of Revocation of Patent in Public Interest
Read more »Copyrights Enjoyed By Musicians
Sanyukta Biswas, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the rights of singer, lyricist and composer that have been incorporated by the 2012 amendment. Once upon a time in India even the most noted of film artists and musicians could not secure themselves financially despite their brilliance. In an infamous legal … Continue reading Copyrights Enjoyed By Musicians
Read more »Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK
After anti–influenza drug Tamiflu (Oseltamivir Phosphate) and antiretroviral drug Viread, Gilead Sciences is again back in news, this time with its hepatitis C (HCV) drug Sofosbuvir. Like Tamiflu and Viread pre-grant opposition, Sofosbuvir patent application is also facing pre-grant opposition. Non-profit group I-MAK (Initiative for medicines access and knowledge) has filed a pre-grant opposition against … Continue reading Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK
Read more »Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb
India issued its first CL last year for a Bayer’s kidney liver cancer drug Nexavar to an Indian generic manufacturer Natco on all three grounds of section 84 (1) including reasonable requirement of public not being met, non availability of drug on affordable prices, and non-working of the invention in the territory of India. This … Continue reading Indian Patent Office Rejects Compulsory Licensing Application: BDR Pharmaceuticals Pvt. Ltd. Vs Bristol Myers Squibb
Read more »Quick Glance at Patents (Amendment) Rules, 2013
The Patent (Amendment) Rules, 2013 came in force with effective from 15th October 2013. It appears that the primary aim of the amendment is associated with various procedures as Indian Patent Office starts functioning as International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT. Under the amended rules the sequence listing … Continue reading Quick Glance at Patents (Amendment) Rules, 2013
Read more »Indian Patent Office is now ISA and IPEA under PCT
The Indian Patent Office is recognised as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT) w.e.f 15th October 2013. This is a major development and in itself is a huge responsibility as well for the Indian Patent Office (IPO). The IPO will now be examining the … Continue reading Indian Patent Office is now ISA and IPEA under PCT
Read more »New Guidelines for Computer Implmented Inventions. Are we still clear on what is Statutory?
It was on 8’th August 2013 that the Patent Office, based on feedback from numerous stakeholders, came out with yet another draft of guidelines on subject matters that relate to Computer Implemented Inventions, interchangeably also referred to as Computer Related Inventions (CRI) hereinafter. The mandate of the instant article is not to assess or question … Continue reading New Guidelines for Computer Implmented Inventions. Are we still clear on what is Statutory?
Read more »GSK’s patent on lapatinib ditosylate revoked by IPAB
8th August, 2013 - 9:36 am
Categories:
IP Practice in India
Pharma/Biotech Patent Litigations
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GSK’s granted patent IN221171 (‘171) on lapatinib ditosylate (marketed as Tykerb), a tyrosine kinase inhibitor for treating breast cancer, was revoked by IPAB by its order of 27th July, 2013. A revocation application was filed by Fresenius Kabi Oncology Limited. The patent is revoked on ground of non-compliance with S.3d alone on basis of no … Continue reading GSK’s patent on lapatinib ditosylate revoked by IPAB
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