Blogs

Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications

22nd December, 2012 - 9:14 am Categories: IP Practice in India News & Updates

The Indian Patent Office (IPO) has recently issued another set of guidelines, this time on examination of biotechnology applications. Our earlier write-up on a set of guidelines issued by IPO, for examination of applications relating to traditional knowledge. The guidelines explain in detail, with illustrative examples, on various facets of patentability of biotechnology related inventions, … Continue reading Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications

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Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

19th December, 2012 - 6:04 am Categories: IP Practice in India

Anoop Mishra, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the first piece of legislation in the world to protect the farmer and recognize his contribution in preserving the biodiversity and develop new plant varieties. In order to comply with its obligations under the TRIPS Agreement, India has implemented The Protection … Continue reading Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001

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Infringement of comic characters- Comic con?

1st December, 2012 - 1:05 pm Categories: Copyright Litigation IP Litigation News & Updates

Graphical characters are commercialized in the form of cartoons, posters, food products or merchandises like toys and clothes, to name a few. The profits garnered would depend on the popularity of the brand that the graphical character represents. Exploitation of the graphical character can take place if it is not legally protected. Intellectual property and … Continue reading Infringement of comic characters- Comic con?

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Trade mark licensing in India

26th November, 2012 - 6:32 pm Categories: IP Practice in India

One of the drastic turnarounds caused by the introduction of the new Trade Marks Act, 1999, repealing the old Trade Marks Act, 1958 was broadening the definition of the phrase ‘permitted use’. In the new Act, the use of a registered Trade Mark is now permitted not only by the registered user, but also by … Continue reading Trade mark licensing in India

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Indian Patent Office (IPO) publishes guidelines for Indian patent applications relating to plant (herbal) compositions

17th November, 2012 - 10:42 am Categories: IP Practice in India

The Controller General of Patents has issued guidelines for processing of patent applications relating to Traditional Knowledge (TK) and biological materials on November 08, 2012. The guidelines have been issued in lieu of the fact that a number of the Indian Patent Applications relating to herbal (plant) compositions/extracts/alkaloids (and other biological resources from India) are … Continue reading Indian Patent Office (IPO) publishes guidelines for Indian patent applications relating to plant (herbal) compositions

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Roche v Cipla: Part 2: Infringement

14th November, 2012 - 5:11 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

In continuation of the last piece over here, let’s now discuss the actual issue of infringement of IN ‘774 patent by Cipla crisply. My apologies for a long delay in writing this piece due to long travelling schedule and back-to-back heavy projects thereafter. Nevertheless, it is better to be late than never. Here it goes. … Continue reading Roche v Cipla: Part 2: Infringement

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Roche v Cipla: Part 1: Validity of Patent

26th September, 2012 - 7:53 am Categories: IP Litigation IP Practice in India News & Updates Pharma/Biotech Patent Litigations

In continuation of our previous post here, and following the availability of the 275 page judgement, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. … Continue reading Roche v Cipla: Part 1: Validity of Patent

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What’s in a domain name?

17th September, 2012 - 6:57 am Categories: Trademark Litigation

The original role of having a domain name was to provide an internet address for computers. With the increasing rate of commercial activities on the web, a domain name is now seen as a way of identifying the business of the company. A potential consumer is always lured to the company after he/she goes through … Continue reading What’s in a domain name?

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Cipla won the landmark Roche v Cipla Litigation

8th September, 2012 - 10:46 am Categories: IP Practice in India News & Updates Pharma/Biotech Patent Litigations

Indian Generic manufacturer Cipla has won the landmark Roche v. Cipla Patent Infringement case in the Delhi High Court over Cipla’s Generic version of Anti-cancer Drug Erlotinib. The case is the first Patent Litigation in India post India’s 2005 Product Patent Regime which included public interest and pricing issues in addition to India’s Section 3d … Continue reading Cipla won the landmark Roche v Cipla Litigation

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The Billion Dollar Game: Samsung and Apple fight it out

28th August, 2012 - 9:21 am Categories: Patent Litigation

24’th Aug 2012 was another milestone date indicating the value that IP can (of course in geographies which have respect and appreciation for IP!!!) hold and govern for a corporate. More than the award, it’s the injunction and respect for IP that matters and boosts the confidence of Corporates that have innovation as a core … Continue reading The Billion Dollar Game: Samsung and Apple fight it out

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