Category: News & Updates

Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

27th February, 2013 - 9:22 am Categories: News & Updates Trademark Litigation

Trade Mark Parody is a defense to Trade Mark infringement. There should be no likelihood of confusion between the original host work and the parody work, as the parody will not be taken in a serious manner. It must be cleverly portrayed so as to show itself as a humorous take on the original work. … Continue reading Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

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Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007

4th February, 2013 - 5:30 am Categories: IP Practice in India News & Updates

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

17th January, 2013 - 1:20 pm Categories: IP Practice in India News & Updates Pharma/Biotech Patent Litigations

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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IIPRD Offers 6 months Online Certificate Course

22nd December, 2012 - 10:21 am Categories: IP Practice in India News & Updates

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

22nd December, 2012 - 9:14 am Categories: IP Practice in India News & Updates

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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Infringement of comic characters- Comic con?

1st December, 2012 - 1:05 pm Categories: Copyright Litigation IP Litigation News & Updates

Graphical characters are commercialized in the form of cartoons, posters, food products or merchandises like toys and clothes, to name a few. The profits garnered would depend on the popularity of the brand that the graphical character represents. Exploitation of the graphical character can take place if it is not legally protected. Intellectual property and … Continue reading Infringement of comic characters- Comic con?

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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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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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Examination Guidelines/Standards – Indian Patent Office

11th August, 2012 - 11:37 am Categories: IP Litigation News & Updates

This article relates to a recent judgment of IPAB for a patent application 2254/DELNP/2005 which was refused to proceed further by the Indian patent office. The judgment illustrates the mode in which decisions are established by the patent office during the examination/prosecution phase. Brief summary of the case The patent application relates to “A New … Continue reading Examination Guidelines/Standards – Indian Patent Office

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