Lakshmikumaran & Sridharan 律师事务所An ISO 9001 / 27001 certified law firm

知识产权新闻

搜索 起始日 到期日
Copyright and the human right to protection of authorship

23 March, 2015 The UN Special Rapporteur in the field of cultural rights has submitted a report on ‘Copyright policy and the right to science and culture’. The report states that copyright laws and international treaties in the present form are insufficient to protect the human right to protection of authorship. The report calls for a rethink on the accepted ideas that protecting economic int...

IPAB Members – Madras High Court rules on constitutionality of qualification criteria

23 March, 2015 In January, 2011 the Madras High Court admitted a PIL (Shamnad Basheer v. Union of India - W.P. 1256 of 2011) challenging: (a) The constitutionality of the qualification criteria of the members being appointed to the Intellectual Property Appellate Board (IPAB); in particular the objection was against the appointment of bureaucrats with no judicial or litigation experience as...

Validity of trademark can be questioned in infringement suit

22 January, 2015 Court can go into the question of validity of registration of the plaintiff's trade mark at an interlocutory stage when the defendant takes up the defence of invalidity of the said registration in an infringement suit. Larger Bench of the Bombay High Court recently while holding so observed that court in such cases is not powerless to refuse to grant an injunction but for est...

No wish to infringe

22 January 2015 The new year witnessed, aptly perhaps, a decision on trademark infringement proceedings which was triggered by exchange of a Christmas card between the general counsels of the opposing parties. The England and Wales High Court (Chancery Division) in Enterprise Holdings v. Europcar Group UK Limited (13-1-2015) ruled on whether the use of ‘e’ in stylised lower case by both compa...

Export of patented product for conducting studies, permitted

22 December, 2014 Bombay High Court has held that sale even outside India would fall within the sweep of Section 107A of the Patents Act, 1970 providing for no infringement in certain cases, if it is reasonably related to development and submission of information as required under a law in force in India or outside India. The court in this regard observed that the expression ‘selling’ is wide...

Similar marks on Pharma products – Confusion less likely

22 December, 2014 A question arose as to whether the mark MOMARID to be registered for pharmaceutical and veterinary preparations is likely to cause confusion with an existing mark LONARID for pharmaceutical and sanitary preparations. The General Court relying on various case laws opined that medicines, whether or not issued on prescription, can be regarded as receiving a heightened degree of...

USPTO issues interim guidance on patentable subject matter

22 December, 2014 The United States Patent and Trademark Office (USPTO) issued the 2014 Interim Guidance on Patent Subject Matter Eligibility on 16-12-2014 and it will be open for comments from the public till March 16, 2015. It had issued Preliminary Instructions in June 2014 which are now superseded. The Interim Guidance sets out the Office’s interpretation of the subject matter eligibili...

Royalty payments for use of patents post-expiry

22 December, 2014 The Supreme Court of United States on 12-12-2014,  granted Certiorari and will decide on the question of whether it should overrule Brulotte v. Thys Co., 379 U.S. 29 (1964), which held that a license agreement requiring royalty payments for use of a patented invention after the expiration of the patent term is unlawful per se. The petitioners negotiated a settlement with a...

Trademark – Delay in action against alleged passing off is fatal

20 October, 2014 A proprietor of the trade mark who knowingly watches his competitor grow in the market and takes no action can claim no exclusivity in his own trade mark. Bombay High Court by its order dated 7-10-2014, while holding so noted that against the defendant’s reply to the plaintiff’s first cease and desist notice wherein the defendant did not merely dispute the plaintiff’s content...

Patent application when not deemed as abandoned

20 October, 2014 Delhi High Court has held that where the applicant of the patent application had responded to the first as well as the second examination report, the application cannot be stated to be abandoned. Relying on earlier ruling of the court in the case of Telefonaktiebolaget, it was held that application can be stated to be abandoned only in cases where the applicant fails and negl...

Amendment to trademark application is quasi-judicial function

20 October, 2014 Examining whether the function of the Registrar of Trademarks while deciding on amendments to application for trademark is purely administrative or quasi-judicial, the High Court of Delhi held that powers vested in the Registrar by Section 22 of the Trade Marks Act, 1999 were quasi-judicial. The court therefore struck down Clause No. 3 of the Office Order No.16 of 2012-2013 d...

CJEU rules on necessity for originality in a parody

5 September, 2014 Exception for use of copyrighted material in parody is the flavour of the season in UK. Since the recommendation in Hargreaves review in 2011, statutory protection for use in parody has been taken up and is likely to come into effect later this year. What is parody and when does it cease to be fair use are intriguing questions and could yield as many answers are there are fa...

Page(s) 1 2 3 4 5 6 7 8 
若需要较早的文档请参阅档案部分
搜索 团队成员
搜索 团队成员
按名字字母顺序
A|B|C|D|E|F|G|H|I|J
K|L|M|N|O|P|Q|R|S|T
U|V|W|X|Y|Z
Enter at least a name or a keyword to search