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Novartis Vs Union of India: A Landmark Case in Intellectual Property Law
INTRODUCTION The judgment of the Supreme Court of India in the case of Novartis vs Union of India, 2013, marked a milestone at the interface between intellectual property law and public health. This landmark case has shifted thinking with respect to the perception of pharmaceutical patents vis-à-vis their impact on access to lifesaving drugs. In … Continue reading Novartis Vs Union of India: A Landmark Case in Intellectual Property Law
Read more »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
Read more »Safeguarding Success: Vital Role of IPR in the Sports Law
Introduction Sports and sports industry are booming all over the world. Asian countries, particularly India, with its many cultures and histories are also regarded as Unity in Diversity, and they are home to a large population of sports enthusiasts. Sports are becoming increasingly popular, both as a recreational activity and as an economic venture. The … Continue reading Safeguarding Success: Vital Role of IPR in the Sports Law
Read more »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
Read more »Case Analysis Of Natco V. Assistant Controller Of Patents & Design : Reinstatement Of Natural Justice Principles
Introduction The present writ petition under Article 226 of the Constitution of India is filed at the Hon’ble Delhi High Court by NATCO Pharma Limited (hereinafter as “Natco”) against the Assistant Controller of Patents & Designs (hereinafter as “Assistant Controller”) and Novartis AG against the order passed by the Assistant Controller on 14.12.2022.[i] The present … Continue reading Case Analysis Of Natco V. Assistant Controller Of Patents & Design : Reinstatement Of Natural Justice Principles
Read more »Patent Litigation : Need of Specialized Patent Trial Courts in India
INTRODUCTION Intellectual Property Rights, a set of technical rights giving rise to exceptionalism under patent law which has increasingly become a specialized field. The problem of abusive patent litigation has diverted the patentee’s attention from innovation to fighting against “patent trolls”. Through this research article, the authors try to emphasis on the need of judicial … Continue reading Patent Litigation : Need of Specialized Patent Trial Courts in India
Read more »Applicability of Intellectual Property Rights on Nanotechnology & Its Relevance in the Indian Context
The evolution of technology has occurred over many years and will continue in the future. The world’s dynamic has shifted away from computers the size of a large room and toward nanoscale technology. This is known as nanotechnology, and it involves the study and manipulation of matter with dimensions of 100 m or less. Nanotechnology … Continue reading Applicability of Intellectual Property Rights on Nanotechnology & Its Relevance in the Indian Context
Read more »S.D. Containers Indore v. M/s Mold Tek Packaging- Supreme Court Hears Transfer Case
The Hon’ble Supreme Court, recently in the case of S.D. Containers Indore v. M/s Mold Tek Packaging, [i] clarified the ambit of certain important provisions of the Design Act, 2000, and the Commercial Courts Act, 2015. Brief Facts of the case: The Plaintiff/Respondent had initially filed a suit for declaration, and to obtain a permanent … Continue reading S.D. Containers Indore v. M/s Mold Tek Packaging- Supreme Court Hears Transfer Case
Read more »Public Notice: Petition under sub-rule (6) of Rule 6 regarding Submission of documents in proceedings under the Patents Act, 1970.
In view of the Public Notice No. CG/F/Public Notice/2020/215 dated 19th March, 2020 regarding condonation of delay/extension of timelines to file responses and /or documents relating to various proceedings under the Patents Act and corresponding rules made thereunder, attention of all the Stakeholders is drawn to the fact that the Petition (without fee) under sub-rule (6) of … Continue reading Public Notice: Petition under sub-rule (6) of Rule 6 regarding Submission of documents in proceedings under the Patents Act, 1970.
Read more »Patentability Of Immunology Related Inventions – An Indian Perspective
This article discusses challenges faced by patent applicants for inventions in the field of Immunology, especially those relating to gene sequences, peptides, antibodies, and method of treatment; relevant provisions of the Indian Patents laws and strategies one may employ to improve the chances of overcoming the objections. INTRODUCTION As our understanding of the internal and … Continue reading Patentability Of Immunology Related Inventions – An Indian Perspective
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