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Requirements to be Fulfilled If Invention Uses Biological Material
You might find this article useful if you have questions like what is Budapest treaty, is India also a member of the treaty, if my invention uses biological material, what obligations I have to fulfill under this treaty, what are the timelines to comply with those. Budapest treaty is the international treaty on the recognition … Continue reading Requirements to be Fulfilled If Invention Uses Biological Material
Read more »Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999
The Hon’ble High Court of Delhi in the case Adidas AG v Union of India and Anr vide W.P.(C) 3125/2013 set aside the impugned ex parte order by IPAB dated 28th December 2012 and remanded the matter to IPAB for fresh consideration. BRIEF FACTS OF THE CASE: In the instant case, Petitioner has trademark “RESPONSE” … Continue reading Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999
Read more »Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act
The Hon’ble Supreme Court of India in “INDIAN PERFORMING RIGHTS SOCIETY LTD. Versus. SANJAY DALIA AND ORS”: (2015) 10 SCC 161 and the Hon’ble Division Bench of Delhi High court in ULTRA HOMES CONSTRUCTION PVT. LTD Versus PURUSHOTTAM KUMAR CHAUBEY & ORS FAO (OS) 494/2015 & CM 17816/2015 has interpreted Section 62 of the Copyright … Continue reading Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act
Read more »Make the Most of Dynamic Patent Utilities from Indian Patent Office (IPO)
This article discusses at length the importance of each dynamic patent utility from IPO so that each reader can make most out of it. Order in which they are discussed do not signify anything and have been discussed in random order. RQ status of issued FERs Utilization: Indian Patent Office examines the patent applications in … Continue reading Make the Most of Dynamic Patent Utilities from Indian Patent Office (IPO)
Read more »Make the Most of Dynamic Trademark Utilities from Trademark Registry (TMR) India
This article discusses at length the importance of each dynamic trademark utility from TMR so that each reader can make most out of it. Order in which they are discussed do not signify anything and have been discussed in random order. Disposal & Notices With this utility, one can understand expedited, normal and total applications … Continue reading Make the Most of Dynamic Trademark Utilities from Trademark Registry (TMR) India
Read more »Indian Patent Office Rejected Compulsory License Application (C.L.A. No.1 of 2015) for “Saxagliptin” Filed by Lee Pharma Ltd.
In an order dated 19th January 2016, the Controller of Patents rejected the compulsory license application of Hyderabad based drug maker Lee Pharma Ltd. to manufacture generic version of AstraZeneca’s anti-diabetic drug Saxagliptin. The Controller of Patents rejected the application on the grounds that substitutes to the drug Saxagliptin are readily available in the Indian … Continue reading Indian Patent Office Rejected Compulsory License Application (C.L.A. No.1 of 2015) for “Saxagliptin” Filed by Lee Pharma Ltd.
Read more »Plant Varieties and Farmers‟ Rights Act, 2001
Ministry of Agriculture & IPAB failure in invoking the transitional provision as provided under Section 59 of The Protection of Plant Varieties and Farmers‟ Rights Act, 2001 for setting up a tribunal. INTRODUCTION The variety of crops both edible and for commercial purposes has grown as the size and need of the human population has … Continue reading Plant Varieties and Farmers‟ Rights Act, 2001
Read more »Online Copyright Infringement and Its liability Upon Intermediary
Copyright is a bundle of rights which is meant to encourage creativity. In ancient days creative persons worked for fame and recognition rather than to earn a living, thus, the question of copyright never arose. In the last four decades modern and advanced means of communication like broadcasting, litho-photography. Television, websites contents etc have made … Continue reading Online Copyright Infringement and Its liability Upon Intermediary
Read more »Intersection between Intellectual Property (IP) and Competition Law
With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is … Continue reading Intersection between Intellectual Property (IP) and Competition Law
Read more »Term of Patent in India: What’s with date 20th May 2003?
Section 53 of the Patents Act, 1970 deals with the determination of term of patent in India. Subsection 1 of section 53 provides that the term of every patent granted, after 20th May 2003, and the term of every patent which is not expired and is not ceased to have effect, on 20th May 2003, … Continue reading Term of Patent in India: What’s with date 20th May 2003?
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