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
Read more »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
Read more »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?
Read more »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
Read more »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
Read more »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
Read more »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
Read more »Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications
The Indian Patent Office (IPO) has recently issued another set of guidelines, this time on examination of biotechnology applications. Our earlier write-up on a set of guidelines issued by IPO, for examination of applications relating to traditional knowledge. The guidelines explain in detail, with illustrative examples, on various facets of patentability of biotechnology related inventions, … Continue reading Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications
Read more »Infringement of comic characters- Comic con?
Graphical characters are commercialized in the form of cartoons, posters, food products or merchandises like toys and clothes, to name a few. The profits garnered would depend on the popularity of the brand that the graphical character represents. Exploitation of the graphical character can take place if it is not legally protected. Intellectual property and … Continue reading Infringement of comic characters- Comic con?
Read more »Roche v Cipla: Part 1: Validity of Patent
In continuation of our previous post here, and following the availability of the 275 page judgement, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. … Continue reading Roche v Cipla: Part 1: Validity of Patent
Read more »