Category: Legal Issues

Patent Revocation Through Counterclaims: Trends And Practices In India

We at Khurana & Khurana, have received numerous queries regarding the filing of counterclaims to evoke revocation of patents in India. To address the same, Utkarsh Mishra & Abhijeet, our interns have analyzed a few exemplary judgments to make the trend and the position clear with respect to such revocations. It is pertinent to mention … Continue reading Patent Revocation Through Counterclaims: Trends And Practices In India

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CRISPR Case

Regents of the University of California, University of Vienna, Emmanuelle Charpentier, (Appellants) (UC) v. Broad Institute, Inc., Massachusetts Institute of Technology, President and Fellows of Harvard College, (Respondents) (Broad) This case was decided on 10th September 2018 in the United States Court of Appeal for the Federal Circuit (“FC”). It is an Appeal from the … Continue reading CRISPR Case

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Monsanto V. Nuziveedu

Monsanto Technology LLC Thru the Authorised Representative Ms. Natalia Voruz & Others (Appellants) v. Nuziveedu Seeds LTD. Thru the Director & Others (Respondents) Decided on January 8, 2019 in the Supreme Court of India. Facts: Monsanto entered into a sublicense agreement dated 21.02.2004 with Nuziveedu for 10 years. The agreement was extended and was ultimately … Continue reading Monsanto V. Nuziveedu

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MoU Signed Between Jawaharlal Nehru Technological University Hyderabad And CII To Create IP Eco-System university.

INTRODUCTION Jawaharlal Nehru Technological University Hyderabad and Confederation of Indian Industry (CII) have signed a Memorandum of Understanding (MOU) to create IP eco-system of the university. The Confederation of Indian Industry (CII) works to create and sustain an environment conducive to the development of India, partnering industry, Government, and civil society. CII is a non-government, … Continue reading MoU Signed Between Jawaharlal Nehru Technological University Hyderabad And CII To Create IP Eco-System university.

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Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting

Background The Bombay High Court has passed an order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr[1] imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plaintiff’s mark and goods. In a global economy, counterfeiting activity is a challenge that impacts business … Continue reading Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting

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Priyanka Chaudhari joins Netflix as the Legal Director and Senior Counsel!

Netflix is an American media service provider that has been leading the path of digital media and content since 1997. Having over 148 million paid memberships from across not less than 190 countries around the globe, it has become the leading internet entertainment service provider across the globe.[1] The company offers online streaming of numerous … Continue reading Priyanka Chaudhari joins Netflix as the Legal Director and Senior Counsel!

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India taking IP Matters too Lightly – Enforcement Issues in Intellectual Property Matters (Yaatra.com Vs Happy Easy Go)

India has a well-organized system of judicial mechanism which cater to the need of registration, protection and enforcement of Intellectual property, however  a number of recent judgments bear a testimony that despite having an effective Judicial framework for safeguarding IP Infringement the violation of IP continues to take place for an altogether different reason of … Continue reading India taking IP Matters too Lightly – Enforcement Issues in Intellectual Property Matters (Yaatra.com Vs Happy Easy Go)

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Competition Law in India Vis-a-Vis Food Delivery Apps in India (Zomato/ Swiggy/ Foodpanda/ Uber Eats) and its Impact on Small Restaurants

In December 2018, Kerala Hotels and Restaurants Association (KHRA) went on a strike for 10 days on the account of high commission being charged by the food delivery apps. Subsequently to which a report was published stating that if this kind of practice is continued by the food delivery apps then it would definitely harm … Continue reading Competition Law in India Vis-a-Vis Food Delivery Apps in India (Zomato/ Swiggy/ Foodpanda/ Uber Eats) and its Impact on Small Restaurants

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Patentee Rights During Pendency Of Post-Grant Opposition

Issues: In the case of Novartis AG & ANR v Natco Pharma Ltd, Swiss Pharma major Novartis has been granted patent for novel and inventive compound “Certinib” for treatment of non-small cell lung cancer. The suit patent was filed claiming priority since 2007, and was granted on 28th September, 2015. Novartis came across NOXALK (Natco … Continue reading Patentee Rights During Pendency Of Post-Grant Opposition

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Correct Interpretation of section 107A of the Indian Patents Act: Judgement in Bayer Vs. Natco & Alembic

In a recent decision, the Divisional bench of Delhi high court has dealt with correct interpretation of Section 107A of the Patents Act, 1970, commonly known as the Bolar provision.The ruling came as a result of two appeals made by Bayer Corp. Ltd.  against the Natco Pharma and Alembic Pharmaceuticals for infringement of its patents … Continue reading Correct Interpretation of section 107A of the Indian Patents Act: Judgement in Bayer Vs. Natco & Alembic

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