Category: IP Practice in India

Generic v. Branded patent battles in India foray into life management diseases too

Patent wars in India between the foreign innovator companies and the Indian generics now seem to be spreading over life-management diseases segment. Till now the patent infringement cases have revolved and are still revolving over drugs for life-threatening diseases such as HIV, cancer where the public interest has played an important factor in the adjudication … Continue reading Generic v. Branded patent battles in India foray into life management diseases too

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The Glivec saga in India is finally over

As it has been widely covered by media in and outside India, it is no new news to pharmaceutical and patent fraternity that Novartis has lost about 7 year long legal battle to secure a patent protection for its invention on beta crystalline form of imatinib mesylate in India. A 112 page long Supreme Court judgement … Continue reading The Glivec saga in India is finally over

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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?

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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

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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?

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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

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Smart Strategizing – Protection by shielding through Patent Evergreening in Pharmaceutical Domain with special reference to Roche v Cipla

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

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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

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IIPRD Offers 6 months Online Certificate Course

IIPRD (Institute of Intellectual Property Research and Development) offers a Six Months Certificate Course on “Patent Portfolio Creation & Management”, which is continually ongoing since 2009 and has successfully enrolled over 300 students in the last over 3 years. The course is an online distance learning course, making it especially very effective for working professionals, … Continue reading IIPRD Offers 6 months Online Certificate Course

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Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications

The Indian Patent Office (IPO) has recently issued another set of guidelines, this time on examination of biotechnology applications. Our earlier write-up on a set of guidelines issued by IPO, for examination of applications relating to traditional knowledge. The guidelines explain in detail, with illustrative examples, on various facets of patentability of biotechnology related inventions, … Continue reading Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications

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