Category: India

Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act

14th March, 2016 - 12:54 pm Categories: Copyright Copyright Litigation India News & Updates Trademark

The Hon’ble Supreme Court of India in “INDIAN PERFORMING RIGHTS SOCIETY LTD. Versus. SANJAY DALIA AND ORS”: (2015) 10 SCC 161 and the Hon’ble Division Bench of Delhi High court in ULTRA HOMES CONSTRUCTION PVT. LTD Versus PURUSHOTTAM KUMAR CHAUBEY & ORS FAO (OS) 494/2015 & CM 17816/2015 has interpreted Section 62 of the Copyright … Continue reading Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act

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Make the Most of Dynamic Patent Utilities from Indian Patent Office (IPO)

12th February, 2016 - 5:57 am Categories: India News & Updates Patents

This article discusses at length the importance of each dynamic patent utility from IPO so that each reader can make most out of it. Order in which they are discussed do not signify anything and have been discussed in random order. RQ status of issued FERs Utilization: Indian Patent Office examines the patent applications in … Continue reading Make the Most of Dynamic Patent Utilities from Indian Patent Office (IPO)

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Make the Most of Dynamic Trademark Utilities from Trademark Registry (TMR) India

12th February, 2016 - 5:48 am Categories: India News & Updates Trademark

This article discusses at length the importance of each dynamic trademark utility from TMR so that each reader can make most out of it. Order in which they are discussed do not signify anything and have been discussed in random order. Disposal & Notices With this utility, one can understand expedited, normal and total applications … Continue reading Make the Most of Dynamic Trademark Utilities from Trademark Registry (TMR) India

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Indian Patent Office Rejected Compulsory License Application (C.L.A. No.1 of 2015) for “Saxagliptin” Filed by Lee Pharma Ltd.

9th February, 2016 - 1:20 pm Categories: India News & Updates Patents pharma

In an order dated 19th January 2016, the Controller of Patents rejected the compulsory license application of Hyderabad based drug maker Lee Pharma Ltd. to manufacture generic version of AstraZeneca’s anti-diabetic drug Saxagliptin. The Controller of Patents rejected the application on the grounds that substitutes to the drug Saxagliptin are readily available in the Indian … Continue reading Indian Patent Office Rejected Compulsory License Application (C.L.A. No.1 of 2015) for “Saxagliptin” Filed by Lee Pharma Ltd.

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Plant Varieties and Farmers‟ Rights Act, 2001

14th January, 2016 - 1:25 pm Categories: India IPAB IPAB Decisions News & Updates Trademark

Ministry of Agriculture & IPAB failure in invoking the transitional provision as provided under Section 59 of The Protection of Plant Varieties and Farmers‟ Rights Act, 2001 for setting up a tribunal. INTRODUCTION The variety of crops both edible and for commercial purposes has grown as the size and need of the human population has … Continue reading Plant Varieties and Farmers‟ Rights Act, 2001

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Online Copyright Infringement and Its liability Upon Intermediary

4th January, 2016 - 12:02 pm Categories: Copyright Copyright Infringement India News & Updates

Copyright is a bundle of rights which is meant to encourage creativity. In ancient days creative persons worked for fame and recognition rather than to earn a living, thus, the question of copyright never arose. In the last four decades modern and advanced means of communication like broadcasting, litho-photography. Television, websites contents etc have made … Continue reading Online Copyright Infringement and Its liability Upon Intermediary

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Intersection between Intellectual Property (IP) and Competition Law

4th January, 2016 - 5:03 am Categories: India News & Updates patent infringement Patent Litigation Patents

With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is … Continue reading Intersection between Intellectual Property (IP) and Competition Law

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Term of Patent in India: What’s with date 20th May 2003?

24th December, 2015 - 1:47 pm Categories: India News & Updates Patents

Section 53 of the Patents Act, 1970 deals with the determination of term of patent in India. Subsection 1 of section 53 provides that the term of every patent granted, after 20th May 2003, and the term of every patent which is not expired and is not ceased to have effect, on 20th May 2003, … Continue reading Term of Patent in India: What’s with date 20th May 2003?

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Germany’s Boehringer Repudiated Patent on HIV Drug- Nevirapine

24th December, 2015 - 1:39 pm Categories: India News & Updates Patents pharma Section 3(D)

The Indian Patent Office has repudiated Germany’s Boehringer Ingelheim patent on its key HIV drug- Nevirapine, Patent Application Number: 4724/DELNP/2009 entitled “Extended release formulation of Nevirapine”, for a version sold as Viramune XR (extended release), once again forestalling attempts by Big Pharma for “exclusivity” extension on their patented drugs to reportedly block entry of reasonably … Continue reading Germany’s Boehringer Repudiated Patent on HIV Drug- Nevirapine

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Extension of Time to submit the objections or suggestions to the Proposed Draft of Amendment of Trade Marks Rules, 2002

19th December, 2015 - 11:58 am Categories: India Trademark

This post comes as an update to the previous one in context of the Proposed Draft Trade Mark Rules by the Central Government, which has been dealt few days back. The proposed draft rules were published on 17th November 2015 for information of all persons likely to be affected, inviting objections or suggestions, if any, … Continue reading Extension of Time to submit the objections or suggestions to the Proposed Draft of Amendment of Trade Marks Rules, 2002

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