Tag: patents

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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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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A Primer to Patent Application Drafting with special emphasis on standard practise(s) before the Indian Patent Office

An enforceable Patent being the key to effective Commercialization/Out-Licensing of any technology needs to be drafted well. No matter how good a technology is, if the description of the technical subject matter of a Patent is not enabling or fails to disclose all necessary embodiments, and in case the claims are narrowly drafted and do … Continue reading A Primer to Patent Application Drafting with special emphasis on standard practise(s) before the Indian Patent Office

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Merk’s patent valid but Teva’s Nasonex generic non-infringing

In Merck Sharp & Dohme Corp.  (hereinafter referred to be as “Merck”) v. Teva Pharms. United States, Inc. (hereinafter referred to be as “Teva”) decided on November 16, 2016, Teva’s application of Abbreviated New Drug Application (hereinafter referred to as “ANDA”) no. 205149 had triggered Merck to file infringement suit against Teva in respect of … Continue reading Merk’s patent valid but Teva’s Nasonex generic non-infringing

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Licensing Agreement for Multiple Pediatric-focused Products between Lupin and MonoSol Rx

Reportedly, Lupin Pharmaceutical Inc.(LPI,US subsidiary of pharma major Lupin Limited) and MonoSol Rx, a specialty pharmaceutical company have entered into a strategic licensing agreement (OCT-2016) wherein Lupin would develop multiple pediatric products utilizing MonoSol Rx’s patented PharmFilm® drug delivery technology. Lupin Limited is an innovation led transnational pharmaceutical company which develops and offers a wide … Continue reading Licensing Agreement for Multiple Pediatric-focused Products between Lupin and MonoSol Rx

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Business Method Patents

During the recent visit of Indian Prime Minister to USA, one of the issues that figured prominently in talk agenda was IP related issues. American business community especially those from pharmaceutical industry had been lobbying with their government to pressurize India to bring Indian Patent Act and its provisions in aligned with global systems so … Continue reading Business Method Patents

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Bose Vs Beats- The Headphone War

There has been great buzz in patent world with the reported news on 25 Jul 2014 of suits filed by Bose Corps against Beats Electronics in US International Trade Commission (ITC) to block US imports of noise cancelling headphones made by Beats Electronics and a mirror suit in Federal District Court in Delaware, USA over … Continue reading Bose Vs Beats- The Headphone War

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