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Analysing Prior User Defence Mechanism Against Patent Infringement In India
Introduction “Prior user right” refers to the “legal right of a third party to continue using an invention that was already in use before a patent application for the same invention was filed”. This right is intended to balance the impact of the “first-to-file” principle with the interests of third parties as “prior use prevails … Continue reading Analysing Prior User Defence Mechanism Against Patent Infringement In India
Read more »Under Armour decision on FERs
Introduction During the discussion of the key concepts, the defendant raised an argument that the plaintiff had suppressed material facts. According to the defendant, since the plaintiff had not disclosed its reply to the FER when seeking registration, it should not be allowed to take a contrary position in the current trademark infringement litigation. The … Continue reading Under Armour decision on FERs
Read more »Ip Suspension During War Crimes: In The Light Of Russia – Ukraine Atrocities
Introduction Understanding the concept of war crimes, it is easily extractable that life is the most important right that humankind possesses and it shall be protected at all costs. Anything that stands in the way of right to life should be suspended entirely or to the extent it is creating contradiction. Article 21 of the … Continue reading Ip Suspension During War Crimes: In The Light Of Russia – Ukraine Atrocities
Read more »Patent Litigation : Need of Specialized Patent Trial Courts in India
INTRODUCTION Intellectual Property Rights, a set of technical rights giving rise to exceptionalism under patent law which has increasingly become a specialized field. The problem of abusive patent litigation has diverted the patentee’s attention from innovation to fighting against “patent trolls”. Through this research article, the authors try to emphasis on the need of judicial … Continue reading Patent Litigation : Need of Specialized Patent Trial Courts in India
Read more »A Critical Study of Disclaimer under Patents Act, 1970 in light of Judicial Pronouncements
INTRODUCTION Section 59 is a gateway to determine the scope of possible amendments. Therefore, it follows that the real leeway provided to applicants and patentees attempting to alter claims would rely heavily on the interpretive leeway allowed to the constraints established by Section 59. The Supreme Court of India has ruled repeatedly that if a … Continue reading A Critical Study of Disclaimer under Patents Act, 1970 in light of Judicial Pronouncements
Read more »Novo Nordisk AS v. Union of India: Delhi High Court on objectionable delays in post-grant oppositions
Introduction Section 25 of the Patent Act, 1970 deals with objections raised against a patent. In two ways an objection can be raised, firstly, when the registration has not been granted to the patent termed as ‘pre-grant opposition’ and secondly after the registration has been granted, termed as ‘post granted opposition’. Clause 1 of section … Continue reading Novo Nordisk AS v. Union of India: Delhi High Court on objectionable delays in post-grant oppositions
Read more »Novo Nordisk AS v. Union of India: Delhi High Court on objectionable delays in post-grant oppositions
Introduction Section 25 of the Patent Act, 1970 deals with objections raised against a patent. In two ways an objection can be raised, firstly, when the registration has not been granted to the patent termed as ‘pre-grant opposition’ and secondly after the registration has been granted, termed as ‘post granted opposition’. Clause 1 of section … Continue reading Novo Nordisk AS v. Union of India: Delhi High Court on objectionable delays in post-grant oppositions
Read more »Patent Litigation in Malaysia
The main laws relating to patents in Malaysia are the Patents Act 1983 (PA 1983) and the Patents Regulations 1986, which both came into force on 1 October 1986. Malaysia is a common law country and follows the doctrine of judicial precedent. Malaysia is a party to the (i) Paris Convention for the Protection of … Continue reading Patent Litigation in Malaysia
Read more »Patents in Entertainment Industry
Intellectual property is the ownership of a person’s original work. While there are many different types of intellectual properties, patents dominate the technical area. As a brief introduction, a patent is a right granted to a person in connection with an invention that prevents others from using their idea without their permission. Once a work … Continue reading Patents in Entertainment Industry
Read more »Khurana & Khurana Opens International Office In United Arab Emirates
Khurana & Khurana Opens International Office In United Arab Emirates Khurana & Khurana, Advocates and IP Attorneys Khurana & Khurana (K&K) along with IIPRD are delighted to announce that they have opened up their new International Office in United Arab Emirates (UAE) in wake of the rising client requirements and towards their goal of expanding … Continue reading Khurana & Khurana Opens International Office In United Arab Emirates
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