Tag: patent

Interpreting Article 20 with Articles 7 and 8: A Holistic Approach to Patent Exceptions

INTERPRETING ARTICLE 20 WITH ARTICLE 7 AND 8 Thus, reading Article 20 in the light of Articles 7 and 8 puts particular emphasis on the balancing of legitimate needs of patent owners with rights of WTO Members for protection towards society’s interests. However, a three-step test in Canada-Patents, sidestepping balancing assessment to the third step … Continue reading Interpreting Article 20 with Articles 7 and 8: A Holistic Approach to Patent Exceptions

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Patents and Software Innovations: Global Perspectives

INTRODUCTION It has always been a gray area especially when it comes to relation between patents and software developments. As for the latter, there have been different solutions striving to solve the same on a worldwide level. Various nation-states, on some level, have embraced or rejected the desirability patentability of software innovations. For example, the … Continue reading Patents and Software Innovations: Global Perspectives

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Section 8: Foreign Filing Requirements Under the Patents Act, 1970

Introduction Patents are territorial rights and if a patent application is filed in more than one country, there are certain steps that need to be taken, to attain protection for such a patent in India. Section 8 and Rule 12 of the Patents Act, 1970 provide pertinent provisions that need to be kept in mind … Continue reading Section 8: Foreign Filing Requirements Under the Patents Act, 1970

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Foreign Filing License in India

This article discusses the concept of a Foreign Filing License (FFL) as given in Section 39 of the Indian Patent Act, 1970[1]. Section 39 mandates that Indian residents must obtain an FFL before applying for a patent application abroad, except when a patent application for the same invention was filed in India at least six … Continue reading Foreign Filing License in India

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Copyright for Confidential Information

This article refers to copyright and patent to be granted in case of confidential information and the requirements with respect to the same in order to prove liability. It also refers to various obligations that arise once a party is exposed to some confidential information and the remedies that are available. However, there is a … Continue reading Copyright for Confidential Information

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Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I

Abstract Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability … Continue reading Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I

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Changes To The Mode Of Hearing Patent Applications Online

The Indian Government is working to improve the ease of doing business with the objective of converting India into a global innovation hub. A robust intellectual property rights regime is necessary to achieve this objective. The Ministry of Commerce and Industry along with the Office of Controller General of Patents, Design and Trademark has introduced … Continue reading Changes To The Mode Of Hearing Patent Applications Online

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“An Aesthetic Shift From Old Patent Certificate To New Patent Certificate By The Indian Patent Office – A Comparison”

ETYMOLOGY OF PATENT IN INDIA The Act VI of 1856 was the first piece of patent-related legislation in India. This legislation’s goal was to promote the development of innovative, useful products and to persuade inventors to divulge their creations’ intellectual property. Act IX of 1857 subsequently abolished the Act because it had been passed without … Continue reading “An Aesthetic Shift From Old Patent Certificate To New Patent Certificate By The Indian Patent Office – A Comparison”

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A Comparative Analysis Of Patenting Software Related Inventions

Introduction The dispute over software patents focuses on two issues: first, whether computer software is patentable, and if so, what should be the boundaries of patent protection. There are variances on both of these fronts, but in the interim, major patent offices throughout the world have granted several software patents, leading to the development of … Continue reading A Comparative Analysis Of Patenting Software Related Inventions

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Analysing Prior User Defence Mechanism Against Patent Infringement In India

Introduction “Prior user right” refers to the “legal right of a third party to continue using an invention that was already in use before a patent application for the same invention was filed”. This right is intended to balance the impact of the “first-to-file” principle with the interests of third parties as “prior use prevails … Continue reading Analysing Prior User Defence Mechanism Against Patent Infringement In India

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