Tag: patents

Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

INTRODUCTION A groundless threat is one when a party threatens another party with legal proceedings without having a basis for the threats. The threat could be produced in the form of either written communication or orally. For instance, if a threat to prosecute for infringement is made where there has been no infringement, or the … Continue reading Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

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IP Waiver and Its Applicability in The Contemporary Times: Part II

INTRODUCTION As discussed in part I of the blog, an IP waiver “removes” intellectual property protection for a limited time. India and South Africa had come up with an initiative that proposes that countries have the option of not applying patents and other intellectual property related to health products and technologies, such as therapeutics, diagnostics, … Continue reading IP Waiver and Its Applicability in The Contemporary Times: Part II

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Double Patenting and Where it Stands as per Delhi High Court

In a recent Judgement by Delhi High Court on 02.11.2020 (CS (Comm) 410/2020 AstraZeneca Ab & Anr v Alkem Laboratories), AstraZeneca (Plaintiff), a reputed British-Swedish multinational Pharmacy & Biotechnology company, was denied an Application under Order 39 Rule 1 &2 under the CPC for grant of Temporary Injunction against Alkem Laboratories (Defendants). It was contended … Continue reading Double Patenting and Where it Stands as per Delhi High Court

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Patent Amendment Rules, 2020

In 2019, the Indian Patent Office published the Patents (Amendment) Rules, 2020, which came into force starting 20th October, 2019. The Office had invited everyone to submit their objections and/or suggestions in regard to the proposed Patent rules. On 22nd October, 2020 post taking all suggestions into consideration, the Central Government published the Patent (Amendment) … Continue reading Patent Amendment Rules, 2020

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Delhi High Court – Proposed Patent Rules

The Delhi High Court recently divulged into seeking suggestions and comments from members of the Bar in to draft rules to govern Patent Suits. The invitation to make suggestions to the proposed “The High Court of Delhi Rules Governing Patent Suits, 2020” are to be sent to the office of the Registrar General at jrrules.dhc@gov.in, within 4 … Continue reading Delhi High Court – Proposed Patent Rules

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Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB

In a recent development, ShirBirendra Prasad Singh, previously serving as the Assistant Controller of Patents & Designs and Group Leader of the Electrical and Electronic Group, the Indian Patent Office (IPO), Delhi, has been appointed to the posts of Technical Member (Patents), Technical Member (Trade Marks) and Technical Member (Copyrights) in the Intellectual Property Appellate … Continue reading Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB

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Patent Infringement Suit: Interdigital Vc Holdings Inc V. Xiaomi Corporation

Recently, two patent infringement complaints were filed by an American mobile and video technology company InterDigital VC Holdings Inc., against the Chinese phone making company Xiaomi Corporation, in the Delhi High Court, alleging unauthorised use of five cellular 3G and 4G patents and three H.265/HEVC (High efficiency video coding patents) by them.The suit by InterDigital … Continue reading Patent Infringement Suit: Interdigital Vc Holdings Inc V. Xiaomi Corporation

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Supreme Court Stays Controller General of Patents, Designs and Trademarks Guideline Dated 18.05.2020 and 20.05.2020

The Delhi High Court, by virtue of the order dated 21st May 2020 in the case of Intellectual Property Attorney Association (IPAA) and Anr vs The Controller General of Patents, Designs and Trade Marks and Anr. the Plaintiff seeked to quash the Public Notice dated 18.05.2020 passed by the Respondent, and thereby restrain them from … Continue reading Supreme Court Stays Controller General of Patents, Designs and Trademarks Guideline Dated 18.05.2020 and 20.05.2020

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What is Intellectual Property Valuation?

This article is in continuation of my previous article “What is Brand Value and How to enhance it”. The resources of a business such as technology, copyright, trademarks and other IP are the building blocks of Brand Value. Knowledge of the value contribution of these resources and the linkages between them is essential for business … Continue reading What is Intellectual Property Valuation?

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Compulsory licensing

Compulsory licenses are sovereign state authorizations which enable a third party to make, use, or sell a patented product without the consent of the patent holder. Provisions pertaining to compulsory licensing are provided for under both the Indian Patent Act, 1970, as well as the international legal agreement between all the member nations of WTO … Continue reading Compulsory licensing

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