Blogs

Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

22nd May, 2014 - 10:34 am Categories: India IP Litigation News & Updates Patent Litigation Patents Pharma/Biotech Patent Litigations

Introduction A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d. The ruling decided that any new form of known compound (in medicine) would be patentable only if there is enhanced ‘therapeutic efficacy’ over the known compound. Post Novartis ruling, a couple of patent … Continue reading Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

Read more »

M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

22nd May, 2014 - 8:13 am Categories: India IP Litigation IP Practice in India IPAB IPAB Decisions News & Updates Patents

Takshasheel Bouddha, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel &The Controllers of Patents & Designs. This judgment is with respect to Section 64 of Patent Act, 1970. Introduction: The dispute was regarding of two patents i.e. Patent No.189027 and Patent … Continue reading M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

Read more »

3D Trade Marks

21st May, 2014 - 9:26 am Categories: News & Updates Trademark

In recent years, trade mark registries and courts have grappled with applications for silhouettes, shapes, scents, textures, short cartoons, single colors, body movement’s etc as trademarks. This invasion of the unconventional is due to the abstract nature of the legal definition of a trademark. On one hand the trade mark law has embraced an open- … Continue reading 3D Trade Marks

Read more »

INDIA SIGNS MARRAKESH TREATY FOR VISUALLY IMPAIRED

21st May, 2014 - 6:41 am Categories: India

India has signed ‘Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled’ at a ceremony organised by the World Intellectual Property Organisation (WIPO) at Geneva during 28th April to 2nd May 2014 through Smt. Veena Ish, Joint Secretary in the Ministry of Human Resource Development. … Continue reading INDIA SIGNS MARRAKESH TREATY FOR VISUALLY IMPAIRED

Read more »

Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

19th April, 2014 - 11:28 am Categories: IP Litigation IP Practice in India IPAB Decisions News & Updates Patent Litigation Patents

In a positive development for US drug giant Pfizer, the country’s Intellectual Property Appellate Board (IPAB) has issued an interim stay on an order stated by the Indian Patent Office removing a patent of Pfizer, for its extended release drug Tolterodine (Detrol), which is used for treating old age patients who suffer from frequent urination. … Continue reading Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

Read more »

Examination Guidelines for Pharmaceuticals Patents

17th April, 2014 - 11:59 am Categories: IP Practice in India News & Updates Patents

There has been limited judicial consideration of how patent law applies to pharmaceutical inventions in India. Little specific guidance is available to patent examiners in assessing whether a particular pharmaceutical invention satisfies the requirements for patentability. The absence of judicial guidance in this area is problematic. Indian Patent Office has published the Draft Guidelines on … Continue reading Examination Guidelines for Pharmaceuticals Patents

Read more »

PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS

16th April, 2014 - 6:52 am Categories: Trademark Litigation

In the recent decision of Intellectual Property Appellate Board (IPAB) in the case of Jones Investment Co v. Vishnupriya Hosiery Mills, it was held that a multinational company cannot claim infringement of trademark by a local Indian company purely based on international presence, unless they can expressly establish that their presence extends to India or … Continue reading PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS

Read more »

Clarification on Small Entity Status of Patent Applicants in India

18th March, 2014 - 1:18 pm Categories: IP Practice in India IPAB Decisions News & Updates Patents

I really wonder if the Indian Patent Act was already less troublesome that we needed a new set of rules, substantially increased fees, and more importantly introduction of the Small Entity Status of Applicants, which creates even more confusion on retrospectively payable fees, implications of change in status during prosecution, timeline for submission of Form … Continue reading Clarification on Small Entity Status of Patent Applicants in India

Read more »

Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

7th March, 2014 - 12:31 pm Categories: IP Practice in India IPAB Decisions News & Updates Patents

Trastuzumab/Herceptin has been amidst several controversaries off lately and this time it is regarding a biosimilar which has jointly been manufactured by Biocon and Mylan. Background Roche’s breast cancer drug Herceptin sold under the brand names HERCEPTIN, HERCLONTM and BICELTIS is a biological drug used primarily for the treatment for human epidermal growth factor receptor … Continue reading Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

Read more »

Patent (Amendment) Rules, 2014

1st March, 2014 - 7:23 am Categories: IP Practice in India IPAB Decisions News & Updates Patents

The Patent (Amendment) Rules, 2014 has come in force with effective from 28th February 2014. The major changes are the hike in official fee and an introduction of a “small entity” to which a separate (reduced) fee shall be applicable. Further, in order to promote online filing of patents, different schedule of charges is proposed … Continue reading Patent (Amendment) Rules, 2014

Read more »

Categories

Archives