By Raghav Sarda
Under the Indian IP system, a clear distinction has been made between rights available under the Designs Act, 2000 (“the Designs Act”) and the Copyright Act, 1957 (“the Copyright Act”), to avoid any overlap in protection under the two Acts. However, owing to a similarity in the work protectable under these laws, cr...
By Vindhya Srinivasamani
Since the inception of the Patents Act, 1970, Indian patent law has been a process patent regime in the field of pharmaceuticals. Based on the recommendations of a committee chaired by Judge Rajagopala Ayyangar in 1959, product patent protection in the pharmaceutical sector was abolished in order to ensure that medicines were available to the public at ...
By Aastha Aggarwal and Konpal Rae
The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001. As per the Act, a design registration protects the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to articles. Since a design registration seeks to...
By Sarita Rout
A Division Bench of the Delhi High Court recently dwelt upon the rules for determining deceptive similarity and consequent trade mark infringement when the conflicting trade marks under consideration are composite marks i.e. marks comprising of more than one element.
In the matter of South India Beverages Pvt. Ltd. v. General Mills Marketing Inc.[see end note 1], the appellan...
By Vindhya S. Mani
The Division Bench of the Bombay High Court by its recent order [see end note 1] dated 15th July, 2014 upheld the order of the Intellectual Property Appellate Board (IPAB) [see end note 2] dated 4th March, 2013 granting a compulsory license to Natco Pharmaceuticals (Natco) under Section 84 of the Patents Act, 1970 (the Act). The compulsory license was granted to Natco to ma...
By Jasneet Kaur
A Division Bench of the Delhi High Court in a recent decision dated 10-12-2013 held that the television commercial which compares the product ‘Pepsodent Germicheck’ with ‘Colgate ST’ is not per se disparaging. However, the print advertisement published by the respondent (Hindustan Unilever Limited or ‘HUL’) involving the same comparison was held as prima facie disparag...
By Piyush Sharma & Pulkit Doger
In accordance with the Indian Patents Act, 1970 (‘the Act’), Section 3 lists what are not considered to be inventions and therefore, non-patentable. Section 3(k) reads as follows:
"3. The following are not inventions within the meaning of this Act,
(k) a mathematical or business method or a computer programme per se or algorit...
Konpal Rae在L&S的知识产权部门担任联合主任。她与各大国内和跨国客户紧密工作。她的经验和专业知识包括起草专利申请以及为客户提供分析。在L&S事务所，Konpal负责关于规划和执行知识产权策略。她也与D.P. Vaidya先生一起处理L&S各个不同的工程师团队的所有行政工作。在加入L&S之前，Konpal在印度联合利华研究中心担任4年的助理研究员。Konpal负责有关技术方面的专利，包括软件和电子产品以及机械...
ASPI in association with Lakshmikumaran & Sridharan will be organising an IP Conference – ‘Indian Patent Law - A Practical Insight’ on 12th March 2015 in Paris.
This conference will discuss the specific issues in the Indian patent grant procedure as well as on substantive issues affecting the chemical and pharmaceutical industry and will highlight and provide solutions to problems usually fac...
The AIPPI Forum and Executive Committee meeting will be held in Helsinki from 5th to 10th September, 2013. In this event of the International Association for the protection of Intellectual Property (AIPPI) workshops on pharmaceutical products and trademarks, second medical use patents, TRIPS & public health, data exclusivity and IP licensing and insolvency.
The discussions will also cover to...
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...
24th November, 2011
Malaysia is seriously considering introduction of a framework for IP valuation so that they can be offered as collaterals. Recent valuations like Nortel or Kodak or building up a patent treasure chest as it has come to be called have put the spotlight on IP valuation.
The Multimedia Development Corporation (MDeC) and Intellectual Property Corporation of Malaysia (MyIPO...
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