Category: India

Delhi High Court sought Explanation through Counter Affidavit over Repudiation of Patent application for Xtandi

8th April, 2017 - 6:11 am Categories: India Intellectual Property IP Practice in India News & Updates Patents

Xtandi, the wonder drug for prostate cancer, was developed at UCLA, Los Angeles, by the innovation of NIH and Department of Defense grants. The drug was later licensed to Medivation, a biopharma company, which in October 2009 struck a deal with Japanese Astellas Pharma to collaborate on developing and commercializing Xtandi. The two companies now … Continue reading Delhi High Court sought Explanation through Counter Affidavit over Repudiation of Patent application for Xtandi

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Fighting with Counterfeit Menace: Montblanc Simplo GmbH vs. Gaurav Bhatia & ors. CS(OS) 2563/2013: Granting Injunctive Relief

21st March, 2017 - 7:38 am Categories: India IP Practice in India News & Updates Trademark

Introduction: It always has been a well known fact that the markets in India are targeted by large number of counterfeit products/goods. Popular brands like LV, GUCCI, Burberry, Armani, Hermes inter alia; are frequently pirated in local commercial markets. Among others, the most popular counterfeit products in market include hardware, software, clothing, watches, writing instruments. … Continue reading Fighting with Counterfeit Menace: Montblanc Simplo GmbH vs. Gaurav Bhatia & ors. CS(OS) 2563/2013: Granting Injunctive Relief

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Export under section 107A of Indian Patent Act, 1970

11th March, 2017 - 11:03 am Categories: India IP Practice in India Licensing News & Updates

In the case of Bayer Corporation versus Union of India & ors (W.P.(C) 1971/2014) and Bayer Intellectual Property Gmbh & Anr versus Alembic Pharmaceuticals ltd (CS(COMM) No.1592/2016), High Court of Delhi in the consolidated decision dated March 08, 2017, adjudicated on the issue whether Section 107A of the Patents Act, 1970 permits export from India … Continue reading Export under section 107A of Indian Patent Act, 1970

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India’s time to delve into IP laws

9th March, 2017 - 6:43 am Categories: Copyright India IP Practice in India News & Updates Patents Trademark

Shireen Shukla, legal intern at Kkurana & Khurana, probes the recent International IP Index report, released by U.S. Chamber of Commerce, where India stood at 43rd position, out of 45 countries. On 8th February, 2017 U.S. Chamber of Commerce released its 5th annual International IP Index, “The Roots of Innovation,” rating 45 world economies on patents, … Continue reading India’s time to delve into IP laws

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THE TRADE MARK RULES, 2017: AT A GLANCE Simple. Straightforward. Faster.

9th March, 2017 - 6:17 am Categories: India News & Updates Trademark

The Trade Mark Rules, 2017 notified and came into effect on 6th March 2017 repealing the Trade Mark Rules, 2002. These rules have been framed with the intention of simplifying and expediting the procedure for registration of Trade Marks in India. Key Highlights of the New Rules: Categorization of Applicant and Fees Increase in Fees … Continue reading THE TRADE MARK RULES, 2017: AT A GLANCE Simple. Straightforward. Faster.

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BLACKBERRY SUES NOKIA FOR PATENT INFRINGEMENT: AN OVERVIEW

27th February, 2017 - 10:27 am Categories: India News & Updates patent infringement Patents

The once-powerful mobile phone companies BlackBerry and Nokia are in the headlines again, not for their new technological developments but because of their legal battle. The Valentine’s Day card for Nokia was in the form of a complaint entailing 11 items that Blackberry did not like about it. The complaint listed out the 11 patents … Continue reading BLACKBERRY SUES NOKIA FOR PATENT INFRINGEMENT: AN OVERVIEW

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FRAND-ING PATENT LICENSES AND ITS IMPLICATION IN LANDMARK CASES IN INDIA

27th February, 2017 - 10:07 am Categories: India Licensing News & Updates patent infringement Patents

Everyday, a number of products are being invented all over the world, some cascading over the improvement of existing inventions, and the others, portraying a unique set of methods and products unknown to man at large. Simultaneously, there is an eruption of infringements that remain unnoticed or noticed following an incredulous load of proceedings and … Continue reading FRAND-ING PATENT LICENSES AND ITS IMPLICATION IN LANDMARK CASES IN INDIA

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Expedited examination and non-expedited (normal) examination: Who can file request for examination?

27th February, 2017 - 9:28 am Categories: India News & Updates Patents

With effect from May 16, 2016 (effective date for Patent (amendment) rules, 2016), provision of expedited examination was introduced in the Patent system of India. This article does not intend to discuss the different timelines within which request for examination has to be filed in different situations, rather article is restricted to the eligibility of … Continue reading Expedited examination and non-expedited (normal) examination: Who can file request for examination?

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Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA

24th February, 2017 - 1:41 pm Categories: India IP Litigation News & Updates patent infringement Patents

In Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories, Inc. (hereinafter referred to be as Defendants/Appellants/Teva) Vs. Eli Lilly & Co. (hereinafter referred to as Plaintiff/Appelle/Eli Lilly) decided by United States Court of Appeals for the Federal Circuit (CAFC) on January 12, 2017, Plaintiff had filed … Continue reading Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA

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Obtaining a Certificate of Recognition from DIPP for IPR benefits

22nd February, 2017 - 7:49 am Categories: India News & Updates

“A start-up would now require only a certificate of recognition from the Department of Industrial Policy and Promotion (DIPP) and would not be required to be examined by the inter-ministerial board, as was being done earlier. This is one rapid change that we have brought in,” said Nirmala Sitharaman, Minister of Commerce and Industry in … Continue reading Obtaining a Certificate of Recognition from DIPP for IPR benefits

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