Category: Patents

Khurana & Khurana expands footprint in South East Asia

With business models over the world turning more idea-driven, Intellectual Property Rights (IPRs) are now one of the most valuable assets for any economy. With a significant increase in IPR related activities, South East Asia is developing as a key market for IP Protection and initiating Enforcement actions. Khurana & Khurana, Advocates and IP Attorneys … Continue reading Khurana & Khurana expands footprint in South East Asia

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India’s time to delve into IP laws

Shireen Shukla, legal intern at Kkurana & Khurana, probes the recent International IP Index report, released by U.S. Chamber of Commerce, where India stood at 43rd position, out of 45 countries. On 8th February, 2017 U.S. Chamber of Commerce released its 5th annual International IP Index, “The Roots of Innovation,” rating 45 world economies on patents, … Continue reading India’s time to delve into IP laws

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BLACKBERRY SUES NOKIA FOR PATENT INFRINGEMENT: AN OVERVIEW

The once-powerful mobile phone companies BlackBerry and Nokia are in the headlines again, not for their new technological developments but because of their legal battle. The Valentine’s Day card for Nokia was in the form of a complaint entailing 11 items that Blackberry did not like about it. The complaint listed out the 11 patents … Continue reading BLACKBERRY SUES NOKIA FOR PATENT INFRINGEMENT: AN OVERVIEW

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FRAND-ING PATENT LICENSES AND ITS IMPLICATION IN LANDMARK CASES IN INDIA

Everyday, a number of products are being invented all over the world, some cascading over the improvement of existing inventions, and the others, portraying a unique set of methods and products unknown to man at large. Simultaneously, there is an eruption of infringements that remain unnoticed or noticed following an incredulous load of proceedings and … Continue reading FRAND-ING PATENT LICENSES AND ITS IMPLICATION IN LANDMARK CASES IN INDIA

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Expedited examination and non-expedited (normal) examination: Who can file request for examination?

With effect from May 16, 2016 (effective date for Patent (amendment) rules, 2016), provision of expedited examination was introduced in the Patent system of India. This article does not intend to discuss the different timelines within which request for examination has to be filed in different situations, rather article is restricted to the eligibility of … Continue reading Expedited examination and non-expedited (normal) examination: Who can file request for examination?

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Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA

In Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories, Inc. (hereinafter referred to be as Defendants/Appellants/Teva) Vs. Eli Lilly & Co. (hereinafter referred to as Plaintiff/Appelle/Eli Lilly) decided by United States Court of Appeals for the Federal Circuit (CAFC) on January 12, 2017, Plaintiff had filed … Continue reading Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA

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NEPAL’S IP LAW: AN ENCAPSULATION

Intellectual property law in Nepal is comparatively new and it enjoys the extension provided to the least developed countries to be compliant under the TRIPS agreement. Patents, Designs and Trademarks are protected under one head, and the governing act/ legislation is known as “The Patent, Design and Trade Mark Act, 2022 (1965)” (hereinafter referred to … Continue reading NEPAL’S IP LAW: AN ENCAPSULATION

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REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

This article focuses on the revocation proceedings which is one of the mechanisms available for annulations of Patents in India. What is revocation of a patent? When a patent has been sealed or granted, it is not always the case that the patent shall stay unhindered by any third party till the life of the … Continue reading REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

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Section 3 (K) of Indian Patent Act: Case Study

Ms. Anjana Mohan, intern at Khurana and Khurana, Advocates and IP Attorneys attempts to analyze case study related to section 3 (k) of Patent Act, 1970. ACCENTURE GLOBAL SERVICE GMBH (Appellants) V ASSISTANT CONTROLLER OF PATENTS & DESIGN AND THE EXAMINER OF PATENTS (Respondents) CITATION- OA/22/2009/PT/DEL and Miscellaneous Petition No. 118/2012 in OA/22/2009/PT/DEL HON’BLE JUDGES/CORAM: … Continue reading Section 3 (K) of Indian Patent Act: Case Study

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India: Do we need Patent Term Extension and Non-Patent Exclusivities for Pharmaceuticals?

India, though in a phase of rapid economic development, still has the bane of poverty. In this country, around 22% of the population is Below the Poverty Line [1], and hence most of the nation’s policies are oriented towards the poor. India’s IP Policy is no different, as the IP legislature in India is mostly … Continue reading India: Do we need Patent Term Extension and Non-Patent Exclusivities for Pharmaceuticals?

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