Blogs

Pre-grant opposition filed against Indian Patent Application no. 201721030943 dismissed

13th February, 2020 - 12:18 pm Categories: Patent Opposition

Recently, Khurana and Khurana Advocates and IP Attorney’s Patents team was successful in defending a pre-grant opposition filed to reject our client’s Indian Patent Application no. 201721030943. The application was opposed on grounds of lack of clarity and sufficiency of disclosure, lack of novelty, lack of inventive step, non-patentable subject matter under section 3(d), 3(f) … Continue reading Pre-grant opposition filed against Indian Patent Application no. 201721030943 dismissed

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Physical Copy Doctrine versus the “Substantiality” Dictum

12th February, 2020 - 3:40 am Categories: Copyright Infringement

When it comes to the issue of copyright infringement of cinematograph films, there exist two schools of thought. One school believes that as far as cinematograph films are concerned, Section 14(1)(d) of the Copyright Act only protects the exact carbon copy of the work and not the contents in it. They argue that in lieu … Continue reading Physical Copy Doctrine versus the “Substantiality” Dictum

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Should Ever-Greening Of Patents Prohibit Affordable Drugs?

6th February, 2020 - 9:00 am Categories: bLAWgathon

A patent1 is given to a novel invention having utility value and does not appear obvious to a person skilled in the art. It is one of the important intellectual properties having tremendous economic potential. It awards economic monopoly (right to produce, sell, licence, import, assign, and use) to the patentee for a limited period … Continue reading Should Ever-Greening Of Patents Prohibit Affordable Drugs?

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Should The Works Created By Artificial Intelligence Machine Be Protected Under The Copyright Law?

5th February, 2020 - 10:41 am Categories: Copyright

INTRODUCTION The introduction or coming into being of artificial intelligence and its development has formed challenges in the world of Intellectual Property law; especially copyright law. It is now similar to the situation when computers were introduced and at that time what was seen that whether the work that was made or generated by computer … Continue reading Should The Works Created By Artificial Intelligence Machine Be Protected Under The Copyright Law?

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Injunctions Against Sale of Lingaliptin

29th January, 2020 - 3:49 am Categories: Legal Issues

Analysis of Boehringer Ingelheim Pharma GmbH v/s Tanmed Pharma and other orders Plaintiffs: Boehringer Ingelheim Pharma GmbH & Co. KG & Boehringer Ingelheim (India) Pvt.Ltd. (“the plaintiff”/“Boehringer”) Defendant:Tanmed Pharma India Private Limited(“the defendant”) Coram: Dr. Justice G. Jayachandran Date of Judgment: 21st January 2020 Facts of the Case: The plaintiff is a multinational company involved … Continue reading Injunctions Against Sale of Lingaliptin

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The Multidimensional Question Of 3 Dimensional Trademarks

28th January, 2020 - 5:30 am Categories: bLAWgathon

Introduction The product market today is highly competitive. If a brand does not constantly evolve itself, it is at the danger of failing to satisfy its customers. To keep reinventing itself, it must ensure protection to the assets that bring value to the company. For this reason, it is important to give recognition to non-conventional … Continue reading The Multidimensional Question Of 3 Dimensional Trademarks

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Protection of Well-Known Marks: WIPO Joint Recommendation

27th January, 2020 - 12:57 pm Categories: Trademark

“What’s in a name? That which we call a rose by any other name would smell as sweet”- Shakespeare In many countries, getting trademark registered is the only apparatus to obtain statutory rights. As an essential element to registration, some countries requires the owner of the trademark to use or make evident its intent to … Continue reading Protection of Well-Known Marks: WIPO Joint Recommendation

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The Dichotomy of IPR Protection and Social Welfare- An Analysis of the Indian Patents Act with respect to the Pharmaceutical Industry

23rd January, 2020 - 10:35 am Categories: bLAWgathon

Introduction Intellectual Property Rights, in the simplest of terms, refer to rights over creation of the mind. In a world where knowledge economies are on the rise, IPR has become increasingly significant. Intellectual Property Rights entail several rights within its ambit- copyright, patent, geographical indication etc. In this article, we deal only with one form of … Continue reading The Dichotomy of IPR Protection and Social Welfare- An Analysis of the Indian Patents Act with respect to the Pharmaceutical Industry

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Patent Application Refused On Grounds Of Insufficiency Of Disclosure

22nd January, 2020 - 4:19 am Categories: Patent Opposition

In a recent patent pre-grant opposition matter wherein Khurana and Khurana, Advocates and IP Attorneys (K&K) represented the Opponent, the patent application was refused mainly on grounds of Insufficiency of Disclosure as per Section 25(1)(g) of the Indian Patents Act, 1970 (“Patents Act”). This case re-confirms the role of sufficiency of disclosure or enablement during … Continue reading Patent Application Refused On Grounds Of Insufficiency Of Disclosure

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Protecting the Patent Regime for Pharmaceutical Companies in India

22nd January, 2020 - 3:47 am Categories: bLAWgathon

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for more extensive protection of intellectual property by the WTO members who signed the agreement. India signed the agreement and subsequently amended the Patents Act of 1970, in compliance with TRIPS in 2005. However, India, as a developing country, has been faced with the … Continue reading Protecting the Patent Regime for Pharmaceutical Companies in India

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