Tag: patents

Another Win for Novartis

28th June, 2023 - 8:28 am Categories: Legal Issues Patent Act

Introduction It has been contended by the Pharma major that it is the patentee of the two tablets under the brand ‘Vymada’ in India. The plaintiff, Novartis was represented through advocate Mamta Jha and the primary bone of contention was to obtain a restraining order against the defendants. Moreover, the amount of time and efforts … Continue reading Another Win for Novartis

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Allergan Inc vs The Controller of Patents

2nd May, 2023 - 6:31 am Categories: Patent Litigation

Introduction 13th August, 2012: Allergan Inc (“Appellant”) applied to the Patent Office, New Delhi, for the grant of a patent for “INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS” stating 20 claims. 06th November, 2017: The Controller of Patents (“Respondent”) objected the application by informing the Appellant that the subject matter is not patentable as under section … Continue reading Allergan Inc vs The Controller of Patents

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Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

29th December, 2022 - 6:59 am Categories: Legal Issues

FACTUAL BACKGROUND: In the matter of – N.V. SATHEESH MADAV & ANR. VS DEPUTY CONTROLLER OF PATENTS & DESIGNS (C.A.(COMM. IPD-PAT) 111/2022- A Patent Application for the product [A Bio-Bed for growing Vigna radiata (Linn) Wilczek plants] was filed in December, 2008 at the Delhi Patents Office along with ten provisional claims. A First Examination … Continue reading Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

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Applicability of Intellectual Property Rights on Nanotechnology & Its Relevance in the Indian Context

4th August, 2022 - 11:13 am Categories: Intellectual Property

The evolution of technology has occurred over many years and will continue in the future. The world’s dynamic has shifted away from computers the size of a large room and toward nanoscale technology. This is known as nanotechnology, and it involves the study and manipulation of matter with dimensions of 100 m or less. Nanotechnology … Continue reading Applicability of Intellectual Property Rights on Nanotechnology & Its Relevance in the Indian Context

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IP & Youth: Innovating For A Better Future

26th April, 2022 - 10:14 am Categories: Intellectual Property

Intellectual Properties (IPs) and their respective protection through various legal statutes have become an inevitable and indispensable requirement for ensuring sustainability of the future generations for a prosperous, healthy, and safe future. Numerous current technological advancements across domains have, over the years, yielded adverse effects in terms of environment, safety, security, and health concerns, which … Continue reading IP & Youth: Innovating For A Better Future

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IPR in the Era of Conflicts by

25th April, 2022 - 4:03 am Categories: Intellectual Property

Patents, trademarks, copyrights, etc. are intangible assets majorly contributing to the growth of a nation, especially in terms of science and technology. The article discusses the implications of such conflict on its Intellectual Property rights. Patents, trademarks, copyrights, and designs form the umbrella of legally obtained Intellectual Property Rights (IPR). These are intangible assets provided … Continue reading IPR in the Era of Conflicts by

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Patenting Stem Related Inventions In India

19th April, 2022 - 10:30 am Categories: Biological Inventions

Stem cells are cells that have the ability to differentiate or develop into different types of cells. This distinguishing feature confers significant medicinal value, since they can decipher numerous mysteries about living creatures, mortality, and diseases, and may even be able to treat them. Patent law and policy, which converge between science and law, present … Continue reading Patenting Stem Related Inventions In India

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Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

4th March, 2022 - 12:48 pm Categories: patent infringement

INTRODUCTION A groundless threat is one when a party threatens another party with legal proceedings without having a basis for the threats. The threat could be produced in the form of either written communication or orally. For instance, if a threat to prosecute for infringement is made where there has been no infringement, or the … Continue reading Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

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IP Waiver and Its Applicability in The Contemporary Times: Part II

31st December, 2021 - 7:12 am Categories: Intellectual Property

INTRODUCTION As discussed in part I of the blog, an IP waiver “removes” intellectual property protection for a limited time. India and South Africa had come up with an initiative that proposes that countries have the option of not applying patents and other intellectual property related to health products and technologies, such as therapeutics, diagnostics, … Continue reading IP Waiver and Its Applicability in The Contemporary Times: Part II

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Double Patenting and Where it Stands as per Delhi High Court

15th July, 2021 - 5:12 am Categories: Legal Issues

In a recent Judgement by Delhi High Court on 02.11.2020 (CS (Comm) 410/2020 AstraZeneca Ab & Anr v Alkem Laboratories), AstraZeneca (Plaintiff), a reputed British-Swedish multinational Pharmacy & Biotechnology company, was denied an Application under Order 39 Rule 1 &2 under the CPC for grant of Temporary Injunction against Alkem Laboratories (Defendants). It was contended … Continue reading Double Patenting and Where it Stands as per Delhi High Court

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