Category: News & Updates

Amendment in Trade Mark Fees

12th August, 2014 - 6:13 am Categories: India News & Updates Trademark

Recently, Controller General of Patents Design and Trade Marks, Mr. Chaitanya Prasad,has issued a Public Notice on August 7, 2014, wherein it has been put forth that, from August 1, 2014,Official Fees for filing a new Trade Mark application in one class has been increased from Rs. 3500/- to Rs. 4000/-. It was also mentioned … Continue reading Amendment in Trade Mark Fees

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The Nagoya Protocol – Convention on Biological Diversity

21st July, 2014 - 9:10 am Categories: News & Updates Patent Commercialisation Patents Pharma- biotech- Patent Commercialisation

A new international treaty named the “Nagoya Protocol” will be giving some relief to India and other developing countries. The Nagoya Protocol on Access to Genetic Resources with an objective of ensuring access of genetic resources to the signatory countries and ensuring fair and equitable sharing of benefit to the local community and signatory country that … Continue reading The Nagoya Protocol – Convention on Biological Diversity

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Indian Patent office rejects Patent claim over Abraxane

19th July, 2014 - 12:31 pm Categories: India IPAB News & Updates Patents

In a major setback, the Indian Patent Office denied a patent to an anti cancer drug Abraxane manufactured by US-Based Abraxis BioSciences. Here we will discuss the decision given by IPO at the back drop of the arguments advanced by the respective parties. Background In a brief, Patent application no. 2899/DELNP/2005 filed by Abraxis Biosciences … Continue reading Indian Patent office rejects Patent claim over Abraxane

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Tesla Motors Decide to Open Source their Patents

19th July, 2014 - 11:44 am Categories: News & Updates Patents

On June 12th 2014, Elon Musk, CEO and Chief Product Architect of electric car company Tesla Motors announced that Tesla Motors will let other companies use its inventions under an open source inspired agenda at the company. This is how Elon Musk put it in his blog post- “Tesla will not initiate patent lawsuits against … Continue reading Tesla Motors Decide to Open Source their Patents

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ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

10th July, 2014 - 11:16 am Categories: India IP Litigation IP Practice in India News & Updates Trademark Trademark Litigation

As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear. A city based journalist and social activist, Dr. Subash … Continue reading ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

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And we thought Java API’s were open?

21st June, 2014 - 9:33 am Categories: News & Updates Patents

Oracle vs. Google is truly one of the most amazing IP battles that I have personally observed in the recent past. What millions of developers and customers would have literally thought to have been considered open Application Programming Interfaces (API’s) when it comes to JAVA, is potentially turning out to be proprietary from the perspective … Continue reading And we thought Java API’s were open?

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Patent Trolling and Fee-Shifting

27th May, 2014 - 10:06 am Categories: News & Updates Patent Litigation Patents

Manish Kumar, intern at Khurana and Khurana, Advocates and IP Attorneys, looks at ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had discretion of awarding reasonable attorney fees to the prevailing party … Continue reading Patent Trolling and Fee-Shifting

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Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

22nd May, 2014 - 10:34 am Categories: India IP Litigation News & Updates Patent Litigation Patents Pharma/Biotech Patent Litigations

Introduction A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d. The ruling decided that any new form of known compound (in medicine) would be patentable only if there is enhanced ‘therapeutic efficacy’ over the known compound. Post Novartis ruling, a couple of patent … Continue reading Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

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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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3D Trade Marks

21st May, 2014 - 9:26 am Categories: News & Updates Trademark

In recent years, trade mark registries and courts have grappled with applications for silhouettes, shapes, scents, textures, short cartoons, single colors, body movement’s etc as trademarks. This invasion of the unconventional is due to the abstract nature of the legal definition of a trademark. On one hand the trade mark law has embraced an open- … Continue reading 3D Trade Marks

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