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SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION
The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, … Continue reading SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION
Read more »Amazon improves foothold in India: signs content licensing deal with T-series
E-commerce is growing widespread day by day in Indian market. It has become a current day reality from a buzzword, transformed the way business is done, transformed the way people transact and more specifically, has totally transformed the game for the Indian economy. Nowadays online market space is available for almost everything; you just think … Continue reading Amazon improves foothold in India: signs content licensing deal with T-series
Read more »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 »Wanna play Music commercially? Pay the Royalities first!
This may sound difficult given that commercial places in India have taken right to play the music as their inherent one. Situation may change soon after two recent judgements of Hon’ble Delhi HC. First one was delivered by JUSTICE S. MURALIDHAR on August 12, 2016 and second one was delivered by JUSTICE V. KAMESWAR RAO … Continue reading Wanna play Music commercially? Pay the Royalities first!
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 »New Hyderabad Branch Opened
Khurana & Khurana, Advocates and IP Attorneys (K&K) along with IIPRD are delighted to announce that they have opened up branch Office in Hyderabad in wake of the rising client requirements and towards their goal of expanding their operations across India. With the new Office, K&K and IIPRD now have offices in Noida (NCR), Mumbai, … Continue reading New Hyderabad Branch Opened
Read more »Medicines Patent Pool’s Voluntary Licensing; Unique in its efforts to better treat the Infection
Efforts of Medicines Patent Pool (hereinafter referred to as “MPP”); a United Nations backed public health organisation, founded in July 2010, and based in Geneva, Switzerland are praiseworthy. The lives of millions of people in poor developing countries depend on access to affordable medicines. However, unfortunately most of the world’s population does not receive the … Continue reading Medicines Patent Pool’s Voluntary Licensing; Unique in its efforts to better treat the Infection
Read more »Does Focusing on Single Embodiment Limits the Patent Specification?
This issue was handled by the United States Court of Appeals for the Federal Circuit in the SCRIPTPRO LLC, SCRIPTPRO USA, INC., Plaintiffs-Appellants v. INNOVATION ASSOCIATES, INC., Defendant-Appellee decided on August 15, 2016. This was an appeal from the United States District Court for the District of Kansas in No. 2:06-cv-02468-CM, Judge Carlos Murguia. United … Continue reading Does Focusing on Single Embodiment Limits the Patent Specification?
Read more »Only Common Sense Not Sufficient to Prove Obviousness Over Prior Art
Can the grant of patent be rejected on the obviousness criteria based only on common sense? This issue has been handled by United States Court of Appeals for the Federal Circuit in the case of ARENDI S.A.R.L., Appellant v. APPLE INC., GOOGLE INC., MOTOROLA MOBILITY LLC, Appellees, decided on August 10, 2016. On December 2, … Continue reading Only Common Sense Not Sufficient to Prove Obviousness Over Prior Art
Read more »Can Inventors Who Contribute to Only One Claim or One Aspect of One Claim of a Patent, may be Listed on Patent?
This question was handled by United States Court of Appeals for the Federal Circuit in the case of VAPOR POINT LLC, KEITH NATHAN, KENNETH MATHESON, Plaintiffs-Cross-Appellants DON ALFORD, JEFFEREY ST. AMANT, Counterclaim Defendants-Cross-Appellants v. ELLIOTT MOORHEAD, NANOVAPOR FUELS GROUP, INC., BRYANT HICKMAN, Defendants-Appellants, decided on August 10, 2016. Vapor Point, L.L.C., Keith Nathan (“Nathan”), and … Continue reading Can Inventors Who Contribute to Only One Claim or One Aspect of One Claim of a Patent, may be Listed on Patent?
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