Month: May 2011

With newly amended TM rules, will India keep up the pace with other global countries?

The Process of trade mark registration in India being very slow is not only time consuming but also sometimes frustrating. Hopes soared high when in the beginning of year 2010, Trade Marks Registry assured attorneys and applicants that all records of the TM Registry were being digitized and on completion of digitization process, the movement … Continue reading With newly amended TM rules, will India keep up the pace with other global countries?

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The major changes proposed in Draft Patent (Amendment) Rules 2011

The Indian Patent Office released draft amendment to the Patent Rules on March 8, 2011. The Draft amendment is directed to rules 6, 9, 14, 15(3) and the First schedule of the Patent Rules and mainly relates to e-filing of patent applications and related forms. Any interested person was entitled to send comments and suggestions … Continue reading The major changes proposed in Draft Patent (Amendment) Rules 2011

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DataCard Corporation Vs Eagle Technologies – Part 1

Introduction: It is a direct Patent Infringement case, claimant “Data card Corporation” (Datacard) sued Eagle technologies for infringing its couple of patents: UK 1458572 (‘572) and UK 1534530 (‘530) and also couple of trademarks: UK 1399698 (‘698) and UK 1399699 (‘699). When I was searching case laws to understand the degree of obviousness, especially in … Continue reading DataCard Corporation Vs Eagle Technologies – Part 1

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Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others

The present case had been filed by plaintiff (Pine Labs Pvt. Ltd) against defenders (Gemalto Terminals Pvt. Ltd & others) for a decree of declaration, perpetual injunction and rendition of accounts. The suit was listed before High Court of Delhi on 7th October, 2009. Injunction was granted by court restraining the defendants, their assigns, licensees, … Continue reading Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others

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INDIAN GRANTED PATENTS…ENFORCEABLE?

The Indian Patent Act, 2005, like for most other geographies, does accord to and follow the disclosure guidelines put forth by the TRIPS and has similar Patentability grounds, especially for non-Pharmaceutical subject matters, in which the contention over 3(d) leads to a different interpretation over efficacy grounds. Furthermore, special provisions such as those provided under … Continue reading INDIAN GRANTED PATENTS…ENFORCEABLE?

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