Category: News & Updates

VERNON HUGH BOWMANv/s MONSANTO COMPANY et al. (US No. 11-796, 2013) Case of Patent Exhaustion

Gajendra Khichi, an intern at Khurana and Khurana talks about case of patent exhaustion or doctrine of exhaustion. Through this post, he gives special emphasis on the recent case of Vernon Hugh Bowman v/s Monsanto Company et al., which created quite a stir regarding patentability of seeds and plants. Today, when you acquire a new patented machine, … Continue reading VERNON HUGH BOWMANv/s MONSANTO COMPANY et al. (US No. 11-796, 2013) Case of Patent Exhaustion

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India Joins Madrid Protocol

India became signatory to the Madrid Protocol for International Registration of Marks at the World Intellectual Property Organisation (WIPO) on 8th April 2013. Now, Indian applications can register their Trade Marks in as many as 89 countries through a single application. India is the 14th G-20 economy to accede to the protocol. The treaty will … Continue reading India Joins Madrid Protocol

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The Glivec saga in India is finally over

As it has been widely covered by media in and outside India, it is no new news to pharmaceutical and patent fraternity that Novartis has lost about 7 year long legal battle to secure a patent protection for its invention on beta crystalline form of imatinib mesylate in India. A 112 page long Supreme Court judgement … Continue reading The Glivec saga in India is finally over

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Khurana and Khurana win an award from Corporate Intl Magazine

We are pleased to announce that our firm Khurana and Khurana Advocates and IP Attorneys has been chosen as the winner of 2013 Corporate Intl Magazine Legal Award for the category of ‘IP  Patents Law Firm of the Year in India’. Since 2005, Corporate Intl has been firmly established as one of the leading monthly … Continue reading Khurana and Khurana win an award from Corporate Intl Magazine

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Copyfight or Copyright?- An analysis on the legal scenario of parallel importation

On 19 March, 2013, in a closely divided 6-3 judgment in Kirtsaeng v. John Wiley, the U.S. Supreme Court held that copyright law could not be used to prevent parallel importation into USA for works that are made outside USA. The facts of the case are as follows: In 1997, a student named Supap Kirtsaeng, … Continue reading Copyfight or Copyright?- An analysis on the legal scenario of parallel importation

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What is a Priority Date of a Patent of Addition?

This Article would not discuss as to what is a patent of addition, when does it expire etc., answers to which are clearly mentioned in the Indian Patents Act. Briefly to sum up, a Patent of addition can be filed at any time either before or after the grant of a main application for an … Continue reading What is a Priority Date of a Patent of Addition?

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Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

Trade Mark Parody is a defense to Trade Mark infringement. There should be no likelihood of confusion between the original host work and the parody work, as the parody will not be taken in a serious manner. It must be cleverly portrayed so as to show itself as a humorous take on the original work. … Continue reading Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

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Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007

The Customs Act, 1962 prohibits import of those goods that infringed intellectual property. Under Section 11, the Central Government can prohibit import or export of goods that infringed patents, trademarks or copyrights, by issuing a notification. It also covered prevention of contravention of any law for the time being in force. Further, Section 111 and … Continue reading Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007

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Smart Strategizing – Protection by shielding through Patent Evergreening in Pharmaceutical Domain with special reference to Roche v Cipla

Pankaj Mohanta, an intern at Khurana and Khurana talks about patent evergreening in the pharmaceutical domain. Through this post, he gives special emphasis on the recent landmark case of Roche v Cipla, which created quite a stir in the pharmaceutical industry. Needless to say, patent evergreening is that territory which falls in a bit of … Continue reading Smart Strategizing – Protection by shielding through Patent Evergreening in Pharmaceutical Domain with special reference to Roche v Cipla

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IIPRD Offers 6 months Online Certificate Course

IIPRD (Institute of Intellectual Property Research and Development) offers a Six Months Certificate Course on “Patent Portfolio Creation & Management”, which is continually ongoing since 2009 and has successfully enrolled over 300 students in the last over 3 years. The course is an online distance learning course, making it especially very effective for working professionals, … Continue reading IIPRD Offers 6 months Online Certificate Course

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