Tag: patents

Inevitable Negative Consequence of the Inevitable Disclosure Doctrine

Introduction The “Inevitable Disclosure Doctrine” often stands at the crossroads between corporate protectionism and individual rights in employment law. At least on the outset, the doctrine appears to be necessary to protect proprietary information from abuse through the movability of employees into competing companies. However, on closer inspection, it reflects an undesirable picture: the doctrine … Continue reading Inevitable Negative Consequence of the Inevitable Disclosure Doctrine

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Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS

The rationale for the exception will vary with purpose for which it is granted. However, in the previous article 30, it has already been explained that these justifying reasons come from numerous sources such as Articles 7 and 8(1), the Doha Declaration and GATT 1994 and TRIPS opening declarations. Just like Article 20 does not … Continue reading Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS

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The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices

Introduction India’s Intellectual Property (IP) ecosystem faced many challenges in recent times because of technological advancements, new forms of inventions etc., one of the major challenges is the appointment of the employees in the Patent and Trademark Offices. These appointments are critical, as they affect the final grant of the intellectual property rights. The Indian … Continue reading The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices

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Serendipitous Inventions

Introduction Some of the most significant inventions in human history weren’t meticulously planned or the product of years of research. Instead, they happened by chance—serendipitous moments when inventors stumbled upon discoveries that would ultimately transform industries, everyday life, and human behaviour. From sticky notes to sugar substitutes, these serendipitous inventions remind us that while innovation … Continue reading Serendipitous Inventions

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Standard Essential Patents (SEPs) and FRAND: A Delicate Balance in Innovation

Introduction Technologies like 5G, Wi-Fi and Bluetooth have become integral to daily life in today’s connected world and the standards that enable these technologies are vital. These standards ensure that devices and systems can communicate and work together seamlessly, regardless of the creator. However, the creation and implementation of these standards involve a complex interplay … Continue reading Standard Essential Patents (SEPs) and FRAND: A Delicate Balance in Innovation

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Another Win for Novartis

Introduction It has been contended by the Pharma major that it is the patentee of the two tablets under the brand ‘Vymada’ in India. The plaintiff, Novartis was represented through advocate Mamta Jha and the primary bone of contention was to obtain a restraining order against the defendants. Moreover, the amount of time and efforts … Continue reading Another Win for Novartis

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Allergan Inc vs The Controller of Patents

Introduction 13th August, 2012: Allergan Inc (“Appellant”) applied to the Patent Office, New Delhi, for the grant of a patent for “INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS” stating 20 claims. 06th November, 2017: The Controller of Patents (“Respondent”) objected the application by informing the Appellant that the subject matter is not patentable as under section … Continue reading Allergan Inc vs The Controller of Patents

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Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

FACTUAL BACKGROUND: In the matter of – N.V. SATHEESH MADAV & ANR. VS DEPUTY CONTROLLER OF PATENTS & DESIGNS (C.A.(COMM. IPD-PAT) 111/2022- A Patent Application for the product [A Bio-Bed for growing Vigna radiata (Linn) Wilczek plants] was filed in December, 2008 at the Delhi Patents Office along with ten provisional claims. A First Examination … Continue reading Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

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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

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IP & Youth: Innovating For A Better Future

Intellectual Properties (IPs) and their respective protection through various legal statutes have become an inevitable and indispensable requirement for ensuring sustainability of the future generations for a prosperous, healthy, and safe future. Numerous current technological advancements across domains have, over the years, yielded adverse effects in terms of environment, safety, security, and health concerns, which … Continue reading IP & Youth: Innovating For A Better Future

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