Month: August 2017

Modification in Procedure Regarding Examination of Patent Applications Involving the Use of Biological Material

The Biological Diversity Act (the BD Act) was enacted with the goal to provide for conservation of Biological Diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the utilization of biological resources. One of the provisions under the BD Act (section 6) relates to seeking prior permission … Continue reading Modification in Procedure Regarding Examination of Patent Applications Involving the Use of Biological Material

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TATTOOS AS INTELLECTUAL PROPERTY- AN INDIAN PERSPECTIVE

INTRODUCTION: Tim Parks in his book wrote, “You will only have copyright in a society that places a very high value on the individual, the individual intellect, the products of individual intellect.” In an overtly aware society like ours, there is no doubt that we not only value but are also more aware of our … Continue reading TATTOOS AS INTELLECTUAL PROPERTY- AN INDIAN PERSPECTIVE

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INDIA’S PROTECTION TO SECRETS OF TRADE

Introduction The global econoamy is trending towards an era of protectionism as can be seen from policies such as “Make America Great Again” and “Make in India”, thereby increasing the significance on exports and the manufacturing sector. As a corollary effect, the importance of Intellectual Property (IP) protection also increases due to the need to … Continue reading INDIA’S PROTECTION TO SECRETS OF TRADE

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Legitimacy of IPRS and PPL

What is a Copyright Society? The collective administration of copyright by a society is a concept where management and protection of copyright in several works are undertaken by the said society of authors and other owners of such works. In India, a copyright society is registered under Section 33 of the Copyright Act, 1957. Such … Continue reading Legitimacy of IPRS and PPL

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CORPORATE INSOLVENCY RESOLUTION PROCESS (CIRP) OF JAYPEE INFRATECH: IMPLICATION ON WISHTOWN ; JAYPEE AMAN HOUSING PROJECT – CLAIM SUBMISSION BEFORE AUG 24, 2017

Introduction On August 9, 2017, the Allahabad Bench of National Company Law Tribunal (“NCLT”) admitted[1] the insolvency application of IDBI Bank against Jaypee Infratech Ltd. under Section 7 of the Insolvency and Bankruptcy Code, 2016[2] (“IBC”). On June 13, 2017, the Reserve Bank of India (“RBI”) issued a press release[3] whereby it identified 12 accounts … Continue reading CORPORATE INSOLVENCY RESOLUTION PROCESS (CIRP) OF JAYPEE INFRATECH: IMPLICATION ON WISHTOWN ; JAYPEE AMAN HOUSING PROJECT – CLAIM SUBMISSION BEFORE AUG 24, 2017

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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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