Category: India

Proposed Trademark Amendment Rules 2015

Recently, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion (DIPP)) issued out Draft of proposed Rules for Trade Marks. The proposed draft rules are open as of now to receive objections and comments from the concerned person, which shall be taken into Consideration by the Central Government. The draft rules proposed significant … Continue reading Proposed Trademark Amendment Rules 2015

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Delhi High Court Upholds Roche’s Patent Claims on Lung Cancer Drug (Tarceva) against Cipla

A division bench of Delhi High Court on 27th Nov 2015 held that the Indian drug manufacturer Cipla infringed Swiss pharmaceutical company Roche’s patent on Erlotinib hydrochloride, marketed under the name of “Tarceva”. Roche was granted a patent in India on Erlotinib hydrochloride (Tarceva) in 2007. Roche sued Cipla for patent infringement in January 2008 … Continue reading Delhi High Court Upholds Roche’s Patent Claims on Lung Cancer Drug (Tarceva) against Cipla

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Establishment of Commercial Courts Division at Delhi High Court

Pursuant to the Promulgation of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 the Hon’ble the Chief Justice vide orders dated 15.11.2015 has declared the constitution of Commercial Division at Delhi High Court with Six Benches, consisting of a Single Judge each, under Section 4(1) of The Commercial Courts, … Continue reading Establishment of Commercial Courts Division at Delhi High Court

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Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance Promulgated in India

The President of India on October 23, 2015 promulgated the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015, No. 8 of 2015. The ordinance aimed towards constitution of Adjudication Authority for speedy disposal of commercial dispute of specified value and matters connected thereto. Highlights of the Ordinance are as follows: … Continue reading Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance Promulgated in India

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A Simplified Account of Patenting Procedure in India

Well, this is something for which we have been getting queries on regular basis from individual inventors, universities and companies in India as well as outside India. This article comprehensively addresses all the procedural issues which normally applicant faces while patenting invention in India. Though this article focuses on the procedural aspects, it is always … Continue reading A Simplified Account of Patenting Procedure in India

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Draft Patents (Amendment) Rules 2015

Indian Patent Office (IPO) has recently published Draft Patents (Amendment) Rules 2015 and has invited comments (objections or suggestions) from public within 30 days from the publication of the notification (26th October 2015). The major change suggested (proposed) under the draft Rules are as follows: In addition to above rules, there are some proposed amendments in Form … Continue reading Draft Patents (Amendment) Rules 2015

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Research Exemption in Indian Patent Law

The research or experimental use exemption permits researchers and product manufacturers to make certain use of a patented invention. The general idea behind this exemption is that it sets boundaries to patent holder rights such that the patent holder cannot prevent third parties from undertaking certain activities with respect to the patented invention. In pharmaceutical … Continue reading Research Exemption in Indian Patent Law

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Patentability of Genes, Gene Sequencing & DNA based Primers

Patents have been granted in various biotechnology fields such as genetically engineered plants, human genetic sequencing, recombinant DNA molecule, diagnostic kits, stem cells, isolated nucleic acid encoding a gene and DNA related inventions such as preparing vectors, primers etc, but it was not the same before genetically engineered microorganism was granted a patent first. The … Continue reading Patentability of Genes, Gene Sequencing & DNA based Primers

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Interpretation of Section 31 of Indian Patents Act, 1970

While the focus of the article is specifically on the interpretation of section 31, mentioning other relevant sections of the act and trying to understand the purpose of section 31 will help us interpret the section 31 correctly. Chapter VI of Indian Patents Act, 1970 titled ‘Anticipation’ sets out the circumstances that are not anticipation. … Continue reading Interpretation of Section 31 of Indian Patents Act, 1970

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SUCCESSFUL CONCLUSION OF NATIONAL PATENT DRAFTING COMPETITION (NPDC) 2015 !

IIPRD, this year, with the support from Khurana & Khurana, Advocates and IP Attorneys (K&K), and Sughrue Mion PLLC, has launched a one of its kinds competition in India on Patent Drafting called as “National Patent Drafting Competition” or NPDC to promote development of Patent Drafting as a Skill Set and encourage more and more … Continue reading SUCCESSFUL CONCLUSION OF NATIONAL PATENT DRAFTING COMPETITION (NPDC) 2015 !

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