Category: IPAB Decisions

IPAB Puts Stay On Use Of Trademark N95

8th January, 2021 - 7:31 am Categories: IPAB IPAB Decisions

On 4th December 2020, the IPAB, Delhi passed an interim stay of operation on the trademark registration of the word “N95”- with registration number 4487559 in class 10. The rectification application was filed under section 57 of the Trade mark Act, 1000 for the removal of the “N95” label. The court held that N95 mark … Continue reading IPAB Puts Stay On Use Of Trademark N95

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Divisional Applications In India – IPAB Provides Practical Guidelines For Uniformity

11th November, 2020 - 11:39 am Categories: IPAB Decisions

The Intellectual Property Appellate Board (IPAB / Board) in a recent order (OA/66/2020/PT/DEL) dated 27 October 2020 allowed the appeal filed by ESCO Corporation (Appellant) challenging the refusal of its patent application 8094/ DELNP/ 2008 by the Controller of Patents & Designs, New Delhi (Respondent). The Respondent had refused the grant of patent solely on … Continue reading Divisional Applications In India – IPAB Provides Practical Guidelines For Uniformity

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Appointment of Chairman of the Intellectual Property Appellate Board

3rd January, 2018 - 12:10 pm Categories: Intellectual Property IPAB Decisions News & Updates Trademark

IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. … Continue reading Appointment of Chairman of the Intellectual Property Appellate Board

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Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

17th March, 2016 - 6:46 am Categories: India IPAB IPAB Decisions News & Updates Trademark

The Hon’ble High Court of Delhi in the case Adidas AG v Union of India and Anr vide W.P.(C) 3125/2013 set aside the impugned ex parte order by IPAB dated 28th December 2012 and remanded the matter to IPAB for fresh consideration. BRIEF FACTS OF THE CASE: In the instant case, Petitioner has trademark “RESPONSE” … Continue reading Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

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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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Revocation of Valganciclovir patent by Controller of Patents, Chennai

1st August, 2015 - 9:46 am Categories: IPAB IPAB Decisions News & Updates Patent Opposition Patents pharma Pharma/Biotech Patent Litigations Section 3(D)

Recently in a matter remanded from IPAB to Controller of Patents, Chennai, a decision of revoking Roche’s patent IN207232 for Valganciclovir was delivered after hearing both the parties. The subject patent was granted on January, 2009 followed which post grant oppositions were separately filed by CIPLA, Matrix, Ranbaxy and Bakul Pharma along with two NGOs … Continue reading Revocation of Valganciclovir patent by Controller of Patents, Chennai

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CIPLA & BMS may settle patent dispute over Entecavir in India

30th May, 2015 - 12:16 pm Categories: IPAB IPAB Decisions News & Updates patent infringement Patents pharma

US based pharma major Bristol-Myers Squibb (BMS) and Indian pharma company Cipla Ltd. are heading towards an amicable settlement on a long-stretched patent dispute concerning BMS’ hepatitis B drug Entecavir, a leading anti-viral drug for Hepatitis B patients that brings in more than a billion dollars each year globally for BMS. Entecavir, being a pre-1995 … Continue reading CIPLA & BMS may settle patent dispute over Entecavir in India

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Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

26th December, 2014 - 8:55 am Categories: IPAB IPAB Decisions News & Updates Trademark Trademark Litigation

This article is relates to a recent judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.” Brief Facts: On 11th March, 2009 the trademark registry refused the opposition of the E.I.DU Pont De Nemours & Company (appellant herein) and … Continue reading Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

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M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

22nd May, 2014 - 8:13 am Categories: India IP Litigation IP Practice in India IPAB IPAB Decisions News & Updates Patents

Takshasheel Bouddha, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel &The Controllers of Patents & Designs. This judgment is with respect to Section 64 of Patent Act, 1970. Introduction: The dispute was regarding of two patents i.e. Patent No.189027 and Patent … Continue reading M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

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Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

19th April, 2014 - 11:28 am Categories: IP Litigation IP Practice in India IPAB Decisions News & Updates Patent Litigation Patents

In a positive development for US drug giant Pfizer, the country’s Intellectual Property Appellate Board (IPAB) has issued an interim stay on an order stated by the Indian Patent Office removing a patent of Pfizer, for its extended release drug Tolterodine (Detrol), which is used for treating old age patients who suffer from frequent urination. … Continue reading Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

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