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IPR Amicus: July 2014

The July issue of IPR Amicus begins with an article containing discussion on a recent Delhi High Court decision concerning registration of license / assignment deed under the Patents Act. According to the author, the practice of staying proceedings pending determination of registration of the license agreement is a matter of concern.

‘Ratio decidendi’ column of this issue summarises the judgment of Bombay High Court wherein it has upheld grant of compulsory licence for cancer drug, taking into consideration the TRIPS Agreement, Doha Declaration and various provisions of the Patent Act, 1970. In another judgment covered in this issue, the court was of the view that lower threshold of proof is sufficient to establish deceptive /confusing similarity where the trademarks in question are being applied to medicinal products. Another order reported in this issue is that of Intellectual Property Appellate Board (IPAB) in which the Board has held that to be patentable, the results obtained from the claim must be different not just in degree but in kind.

Under ‘News Nuggets’, this July 2014 issue covers amendments made by Canada in its trademark law and recent decision of European Court finding no likelihood of confusion between Hani, Ilani, Rani and Sani used for carbonated water and beverages and for edible foods.

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