Category: IP Practice in India

Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

19th December, 2012 - 6:04 am Categories: IP Practice in India

Anoop Mishra, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the first piece of legislation in the world to protect the farmer and recognize his contribution in preserving the biodiversity and develop new plant varieties. In order to comply with its obligations under the TRIPS Agreement, India has implemented The Protection … Continue reading Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

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Trade mark licensing in India

26th November, 2012 - 6:32 pm Categories: IP Practice in India

One of the drastic turnarounds caused by the introduction of the new Trade Marks Act, 1999, repealing the old Trade Marks Act, 1958 was broadening the definition of the phrase ‘permitted use’. In the new Act, the use of a registered Trade Mark is now permitted not only by the registered user, but also by … Continue reading Trade mark licensing in India

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Indian Patent Office (IPO) publishes guidelines for Indian patent applications relating to plant (herbal) compositions

17th November, 2012 - 10:42 am Categories: IP Practice in India

The Controller General of Patents has issued guidelines for processing of patent applications relating to Traditional Knowledge (TK) and biological materials on November 08, 2012. The guidelines have been issued in lieu of the fact that a number of the Indian Patent Applications relating to herbal (plant) compositions/extracts/alkaloids (and other biological resources from India) are … Continue reading Indian Patent Office (IPO) publishes guidelines for Indian patent applications relating to plant (herbal) compositions

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Roche v Cipla: Part 2: Infringement

14th November, 2012 - 5:11 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

In continuation of the last piece over here, let’s now discuss the actual issue of infringement of IN ‘774 patent by Cipla crisply. My apologies for a long delay in writing this piece due to long travelling schedule and back-to-back heavy projects thereafter. Nevertheless, it is better to be late than never. Here it goes. … Continue reading Roche v Cipla: Part 2: Infringement

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Roche v Cipla: Part 1: Validity of Patent

26th September, 2012 - 7:53 am Categories: IP Litigation IP Practice in India News & Updates Pharma/Biotech Patent Litigations

In continuation of our previous post here, and following the availability of the 275 page judgement, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. … Continue reading Roche v Cipla: Part 1: Validity of Patent

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Cipla won the landmark Roche v Cipla Litigation

8th September, 2012 - 10:46 am Categories: IP Practice in India News & Updates Pharma/Biotech Patent Litigations

Indian Generic manufacturer Cipla has won the landmark Roche v. Cipla Patent Infringement case in the Delhi High Court over Cipla’s Generic version of Anti-cancer Drug Erlotinib. The case is the first Patent Litigation in India post India’s 2005 Product Patent Regime which included public interest and pricing issues in addition to India’s Section 3d … Continue reading Cipla won the landmark Roche v Cipla Litigation

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Smile, you are on camera!

28th August, 2012 - 8:08 am Categories: Copyright Litigation IP Practice in India

Every celebrity would agree when we say that stardom comes at a price. Their right to privacy is always threatened with the constant paparazzi encroaching upon their personal lives. Unauthorized photography often results in tabloid and defamatory reports in the media, which can sometimes scar the celebrity’s life forever. From sports persons to movie stars … Continue reading Smile, you are on camera!

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Recent Indian Patent Office Updates

14th August, 2012 - 4:40 am Categories: IP Practice in India News & Updates

1. The Indian Patent Office publishes list of all Applications related to Traditional Knowledge The Indian Patent Office makes available the list of the Patent Applications filed at the Indian Patent Office relating to the Traditional Knowledge. The published applications are around 795 in number. The List contains the Application Number, Date of Filing, title … Continue reading Recent Indian Patent Office Updates

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Spice Mobiles Ltd. and M/s. Samsung India Electronics Pvt. Ltd. Vs Shri Somasundaram Ramkumar Revocation Proceeding for IN 214388

16th July, 2012 - 5:50 am Categories: Hi Tech Patent Litigation IP Practice in India News & Updates Patent Litigation

In a major decision, the Intellectual Property Appellate Board (IPAB) on 1st June 2012 has revoked a patent IN214388 under section 57, 59 and 64(1)(e)(f) of Indian Patent Act, 1970. In this article, we would discuss certain aspects related to outcome of decision and some arguments put forth by the respondent during the trail. The … Continue reading Spice Mobiles Ltd. and M/s. Samsung India Electronics Pvt. Ltd. Vs Shri Somasundaram Ramkumar Revocation Proceeding for IN 214388

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Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?

16th July, 2012 - 5:36 am Categories: IP Practice in India News & Updates Patent Litigation

This article relates to a recent judgement of IPAB on 12’th July 2012 on revocation of an Indian Patent IN 195937, wherein certain interesting aspects relating to developing standards for revocation under Section 8 of the Indian Patent Act, 1970 have been discussed and put forth, quite strongly!! Case Summary: In summary, the case relates … Continue reading Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?

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