Month: December 2019

The New Age Eugenics Of DNA Patenting

Abstract ‘DNA Theft’ is the new term employed to decipher the existing legal regime in the field of gene patenting. The oblivious nature of law has ceded transcending to a more flexible framework concerning the same. DNA is vested with a proprietary interest of ownership. ‘Patenting gene’ impinges the individual right to privacy. This paper … Continue reading The New Age Eugenics Of DNA Patenting

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Extending Protection to Ideas; Breaking the Notion of Monopoly

An Idea can be defined as, “A concept which has not been put in a tangible form so as to be a subject of copyright but which may be a subject of protection by Contract.”[1] The manifestation of ideas into words or any material form is called ‘expressing’ the idea.[2] The objective of the copyright … Continue reading Extending Protection to Ideas; Breaking the Notion of Monopoly

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Draft Designs(Amendment) 2019

The Designs Act, 2000, is introduced with an object to protect and safeguard the original design of an article with the aim to reward the innovator for research and labour applied by him for the purpose to originate or evolve such a new and original industrial design.These industrial designs of the innovator, subject to the … Continue reading Draft Designs(Amendment) 2019

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PPH- A Step towards Dilution of Indian Patent Regime?

India is a major hub for industrial activities and economic investments. Increased investments from foreign countries will surely boost India’s economy and facilitate a dynamic and fast-growing economic environment. In today’s world, Intellectual Property has emerged to be the most significant and valuable resource there is and India has recognized the same. Realizing the fact … Continue reading PPH- A Step towards Dilution of Indian Patent Regime?

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Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act

“Audi alteram partem” It is a famous Latin phrase and literally translates as “listen to the other side”. Other than being a famous Latin phrase, the same is also one of the two fundamental principles of natural justice. The aim of natural justice is to ensure fairness and remove arbitrariness. This doctrine dates back hundreds … Continue reading Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act

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Various Options After Patent Application Being Rejected In India

Once a patent application has been refused by the Controller of Patents, the applicant still has an opportunity to get a grant. This can be done in the following two ways- Appeal in the Intellectual Property Appellate Board Review application before the Controller of Patents. This article aims to lay down the scope and limitation … Continue reading Various Options After Patent Application Being Rejected In India

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Netflix Documentary Stirs The Copyright Cauldron

The practice and philosophy of Yoga is millions of years old. The Bhagavat Gita propounds that “Yoga is the journey of the self, through the self to the self.” Yoga is deeply entwined in the heritage and culture of India and is inseparable from its spiritual history. It was in the 20th century that yoga … Continue reading Netflix Documentary Stirs The Copyright Cauldron

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The Future of John Doe Jurisprudence in India

Introduction Technology or precisely, the technology that catalyses reproduction of commodities is in constant conflict with itself in what it intends to achieve with what it actually achieves. Intellectual Property, oftentimes finds itself caught in the middle of this perpetual inconsistency. Intellectual Property, as the manifestation of ideas in form of expressions is a result … Continue reading The Future of John Doe Jurisprudence in India

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To Patent, Or Not To Patent, That Is The Question

The granting of secondary use patents in the pharmaceutical industry has become more prominent after the negotiations of the TRIPS Agreement in 1995. More and more secondary use patents have been granted, especially in developed countries. But, on the flip side, some firms tend to take advantage of secondary use patents in order to extend … Continue reading To Patent, Or Not To Patent, That Is The Question

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Patent Prosecution Highway (PPH): A landmark in the history of patent prosecution in India

A Bilateral Patent Prosecution Highway (PPH) pilot program has commenced between the Indian Patent Office (IPO) and the Japan Patent Office (JPO) on December 5, 2019. The Indian Patent Office website has also published the Procedure Guidelines to file a PPH request under the Patent Prosecution Highway Pilot Program between the Indian Patent Office (IPO) … Continue reading Patent Prosecution Highway (PPH): A landmark in the history of patent prosecution in India

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