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IP issues have an element of public interest - IPAB

November 21, 2012 ‘Payyannur Pavithra Mothiram‘ , the handcrafted ring made in Payyanur, Kerala State in India is the subject of a bundle of claims/rights There was a dispute between descendants of two families both claiming to have made the first such ring. The application for GI had been made by a society which comprised of businessmen and few artisans. The Intellectual Property Appellat...

Patents relating to traditional knowledge - IPO issues draft guidelines

November 21, 2012   Controller General of Patents, Designs and Trademarks, India has issued draft guidelines for patent examiners and controllers for the purpose of screening, allotment and examination of patent applications relating to Traditional Knowledge and /or biological materials. Suggestions/Comments in this regard have been invited till 22nd of November. As per the guidelines, the R...

Post- grant opposition – Limitation Act not applicable

November 21, 2012   The Intellectual Property Appellate Board dismissed the application seeking revocation of patent for an invention relating to process of oxidation of cold water soluble part of the tea infusion (decreamed fraction) which is substantially free of cold water insolubles (cream fraction). The invention was to improve the colour characteristics of the mixture. The claimed inve...

‘Tax due’ does not include interest and penalty

20th October, 2012 The High Court of Delhi, in a recent order, examined some interesting questions on tax while deciding a writ petition challenging the order of the department under Section 179 of the Income Tax Act, 1961 (the Act).  In its order dated 11-10-2012 in the case of Sanjay Ghai v. Asst Commissioner of Income Tax and Ors, the Court observed that though it would not decide on quest...

IPO stresses comparative studies for patentability

19 October, 2012 Two recent decisions of the Indian patent office highlighted the importance of experimental data and comparative studies in trying to prove the surprising or synergistic effect of the new compounds over prior art compositions. While revoking the patent granted to a pharma major on grounds of obviousness and lack of inventive step, the Indian patent office observed that only...

Service Tax Returns - Due date for filing extended

16th October, 2012 The due date for filing Service Tax Return (ST-3 Return) has been extended to 25th November, 2012. The last date for the first half year (April - September) as per the rules is 25th October, 2012 but the Central Board of Excise & Customs has issued Order No. 3/2012 on 15-10-2012 extending the deadline. The return is required to be filed for the period from 1st April, 2012...

America Invents Act – New provisions come into force

25th September, 2012 Several provisions of the America Invents Act have come into force from 16-9-2012 i.e. one year after the law was enacted. The provisions, among others, relate to post grant review, inventor's oath or declaration, supplemental examination, inter partes review and priority examination for important technologies. Leahy-Smith America Invents Act was enacted in September, ...

International Commercial Arbitration - Landmark ruling

25th September, 2012 The Constitution Bench of the Supreme Court has held that Part I of the Arbitration and Conciliation Act, 1996 will not apply to International Commercial Arbitrations seated outside India.  In an unanimous verdict dated 6-9-2012 in the case of BALCO v. Kaiser Aluminium Ltd., the Supreme Court has prospectively overruled the decisions given by it in the case of Bhatia Inte...

Nice Classification - CJEU rules on translation services

21st September, 2012 Answering a reference on use of class headings of the Nice Classification for registration of trade marks, the CJEU stated that the use of general indications of class headings referred to in Article 1 of the Nice Agreement is not precluded by Directive 2008/95, if it is sufficiently clear and precise. It also said that an applicant for a national trade mark who uses all ...

India liberalises FDI policy

17th September, 2012 India has liberalised its Foreign Direct Investment or FDI Policy by increasing the limits in certain major sectors. The Ministry of Commerce and Industry, by its press releases dated September 14, 2012, has announced these changes including the decision to allow FDI in multi-brand retail trading. As per the policy rejig, FDI upto 51% will be allowed in multi-brand reta...

South African Court discards ‘functional’ design'

12th September, 2012 The North Gauteng High Court, South Africa upheld that contentions of an importer/supplier of spare parts to rule that spare parts sold by him as ‘replacement parts for….’ the appellant’s vehicles did not infringe design rights. The more interesting aspect of the case is that the court found that the registered designs – for bonnet, grills, fender – were neither aesthetic...

Expert panel recommends deferment of GAAR

11th September, 2012 The Expert Committee headed by Mr. Parthasarathi Shome has called for deferring the implementation of GAAR by three years. It has also sought tax exemption to gains arising from transfer of listed securities. The panel has submitted its draft report on the General Anti-Avoidance Rules (GAAR) and comments on the same can be provided by 15-9-2012. Distinguishing between ...

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