24 September, 2013
The High Court of Justice, England has declined to interfere in the case pertaining to denial of patent to a claim envisaging two computers connected via the internet where the software moves data from one computer to another using a conventional email technique. It was contended that the invention is a better way of retrieving data from a remote station by using e-mail to...
24th June, 2013
The United States Supreme Court has held that naturally occurring DNA, isolated from the rest of the human genome is not patentable but synthetically created DNA or cDNA (complimentary DNA) can be patented.
Isolation of genes to create cDNA
The patentee discovered the precise location and sequence of BRCA1 and BRCA2 genes, and developed medical tests to detect mutation in...
21st June, 2013
India, on 8th April 8, 2013, acceded to the protocol relating to the Madrid Agreement concerning International Registration of Trade Marks, known as Madrid Protocol, by depositing its instrument of accession with the World Intellectual Property Organization (WIPO). The Madrid Protocol comes into force, with respect to India, on 8th July, 2013 as per Information Notice No. 15/2...
The US Supreme Court has held that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission. In the instant case, the farmer had bought soyabean seeds (not meant for planting) and used them for cropping eight times. As per the terms of the license, he was not allowed to raise more than one crop from the geneti...
9th May, 2013
Infringement due to creation of transient or temporary copies being made in course of transmission though legal by itself has been debated time and again. The latest in this series is Public Relations Consultants Association Limited v The Newspaper Licensing Agency Limited and others, in the Supreme Court of UK.
Overturning the decision of the lower courts which found infrin...
By Kumudavalli Seetharaman
Trans-border reputation as the name suggest means reputation that has spilled over to other jurisdictions wherein there is neither use of the trade mark in question nor the trade mark registered. The general position in India is that trans-border reputation protects global reputation of the goods that have not even ente...
By Dipan Banerjee & Dr. Gaurav Gupta
Most of us are familiar with provisions in Patents Law related to secrecy directions [see end note 1] on inventions relevant for defence purposes and the security of India; however, similar secrecy directions are also provided under the Designs Law [see end note 2]. This article highlights the provisions i...
By Rishika Sharath
Corporate personality is considered as one of the most dynamic concepts of company law. It is premised on the principle that a company is regarded as an entity distinct from the shareholders constituting it. Recently, the Karnataka High Court indirectly applied this doctrine in the field of trademark law.
Dated: Nov 16, 2016
By Kumudavalli Seetharaman
The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours. The Delhi High Court, in a rece...
By Venkata Raghavan
This article deals with statutory licensing of copyright under the Copyright (Amendment) Act, 2012 and whether internet broadcasting organizations are covered within the said Act. As is well known, copyright exists in any original literary, dramatic, musical works, sound recordings, cinematograph films, to name of few. No regi...
By Dr.Amitavo Mitra
In IPR Amicus Issue No. 49, dated August 2015, the interplay between the Biological Diversity Act, 2002 (BDA), and intellectual property rights in India, specifically, the Patents Act, 1970 (Act) was broadly explored, with particular reference to biological inventions.
In this article, we further attempt to explore and ...
By Mukundan Chakrapani
Section 8 of the Indian Patents Act, 1970 mandates applicant(s) filing an application for a patent in India to furnish information pertaining to applications for a patent for ‘the same or substantially the same invention’ filed in any country ou...
© Copyright 1985-2017 Lakshmikumaran & Sridharan, All Rights Reserved.