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Compulsory licensing
Compulsory licenses are sovereign state authorizations which enable a third party to make, use, or sell a patented product without the consent of the patent holder. Provisions pertaining to compulsory licensing are provided for under both the Indian Patent Act, 1970, as well as the international legal agreement between all the member nations of WTO - the TRIPS. In India, Chapter XVI of the Indian Patent Act, 1970 deals with compulsory licensing while the conditions which need
Aug 3, 20174 min read
Exclusions in Patentable Subject Matter in Malaysia
Malaysia’s Patent Act similar to other countries jurisdictions excludes certain subject matter from protection under patent. Such subject...
May 31, 20173 min read
IPOPHL unanimously recommended for appointment as International Authority on Patent
The Intellectual Property Office of the Philippines (IPOPHL) has received unanimous international endorsement to be designated as an...
May 31, 20172 min read
Biological Diversity Act, 2002 and Patenting of Biological Inventions in India – Part I (Section - 6)
The Biological Diversity Act of 2002 (BDA) is a piece of Indian legislation which came into being in response to compliance with the...
Apr 22, 20177 min read
Can non-compliance of mandatory provisions under the patents act, 1970 land you behind the bars?
Technically YES . The Patents Act, 1970 (hereinafter referred to as the “Act”) is a piece of legislation, penalties under which are...
Apr 19, 20177 min read
Delhi High Court sought Explanation through Counter Affidavit over Repudiation of Patent application for Xtandi
Xtandi, the wonder drug for prostate cancer, was developed at UCLA, Los Angeles, by the innovation of NIH and Department of Defense...
Apr 8, 20173 min read
Nuziveedu seeds wins legal battle against US Giant Monsanto!
It has been a long time since M. Prabhakara Rao, the chairman of Nuziveedu Seeds, was trying to knock down the world’s largest seed...
Apr 5, 20173 min read


India’s time to delve into IP laws
Shireen Shukla, legal intern at Kkurana & Khurana , probes the recent International IP Index report, released by U.S. Chamber of...
Mar 9, 20175 min read


BLACKBERRY SUES NOKIA FOR PATENT INFRINGEMENT: AN OVERVIEW
The once-powerful mobile phone companies BlackBerry and Nokia are in the headlines again, not for their new technological developments...
Feb 27, 20179 min read
FRAND-ING PATENT LICENSES AND ITS IMPLICATION IN LANDMARK CASES IN INDIA
Everyday, a number of products are being invented all over the world, some cascading over the improvement of existing inventions, and the others, portraying a unique set of methods and products unknown to man at large. Simultaneously, there is an eruption of infringements that remain unnoticed or noticed following an incredulous load of proceedings and exorbitant costs. It is essential to protect the rightful rights of these owners against such infringements and unlawful inte
Feb 27, 201711 min read
Expedited examination and non-expedited (normal) examination: Who can file request for examination?
With effect from May 16, 2016 (effective date for Patent (amendment) rules, 2016) , provision of expedited examination was introduced in...
Feb 27, 20172 min read
Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA
In Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories, Inc. (hereinafter referred to be as Defendants/Appellants/Teva) Vs. Eli Lilly & Co. (hereinafter referred to as Plaintiff/Appelle/Eli Lilly) decided by United States Court of Appeals for the Federal Circuit (CAFC) on January 12, 2017, Plaintiff had filed Hatch Waxman suit against defendant to prevent them from launching generic version of
Feb 24, 20176 min read
India: Do we need Patent Term Extension and Non-Patent Exclusivities for Pharmaceuticals?
India, though in a phase of rapid economic development, still has the bane of poverty. In this country, around 22% of the population is...
Jan 11, 20176 min read
Analysis of the rejection of Lumacaftor (Polymorph) patent application in India
We have been receiving requests from our Pharma clients/readers of the blog for the analysis of the decision/ facts that led to rejection...
Jan 11, 20173 min read
A Primer to Patent Application Drafting with special emphasis on standard practise(s) before the Indian Patent Office
An enforceable Patent being the key to effective Commercialization/Out-Licensing of any technology needs to be drafted well. No matter...
Jan 2, 20172 min read
PATENT INFRINGMENT SUIT BY DOLBY AGAINST OPPO AND VIVO
Anjana Mohan, an intern at Khurana & Khurana, Advocates and IP Attorneys deals with the updates in the Patent Litigation between Dolby International and two Smartphone companies Oppo and Vivo over the patented technology by Dolby. Dolby filed suits vide Suit no CS(COMM) 1425/2016 and CS(COMM) 1426/2016 against various parties including the two major Chinese companies Oppo and Vivo, and their number of affiliated local entity, at the Delhi High Court alleging patent infringeme
Dec 27, 20162 min read
Merk’s patent valid but Teva’s Nasonex generic non-infringing
In Merck Sharp & Dohme Corp. (hereinafter referred to be as “Merck”) v. Teva Pharms. United States, Inc. (hereinafter referred to be as...
Dec 27, 20163 min read
Hetero’s Subsidiaries not infringing Roxane’s patent on PhosLo
In Roxane Laboratories, Inc. (hereinafter referred to be as “Roxane”) v. Camber Pharmaceuticals Inc., et al. (hereinafter referred to as...
Dec 14, 20163 min read
Inside Secure states, France Brevets licenses NFC Patents to HTC
Access to robust data and effective analytics are the must for today's business world. But sometimes it can be difficult to acquire good data. That's where near-field communication (hereinafter referred as “NFC”) technology comes in. NFC is a short-range high-frequency wireless communication technology which enables the exchange of data between devices when they're touched together or brought within a few centimetres of each other by using magnetic field induction. Reportedly
Nov 26, 20162 min read
RENOVA Expands Intellectual Property Portfolio For Cardiovascular And Metabolic Disease Treatments
Renova Therapeutics(hereinafter referred as “Renova”) founded in 2009 and headquartered in San Diego, California, a biopharmaceutical...
Nov 18, 20162 min read
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