13 August, 2015
Two developments regarding investigation under 19 U.S.C. § 1337 (Section 337) covering Unfair practices in import trade including ‘articles that infringe’ a valid enforceable US patent, are of interest.
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...
By Vindhya S. Mani
The Division Bench of the Delhi High Court vide its recent order dated 7th November, 2014 in Maj. (Retd.) Sukesh Behl & Another v. Koninklijke Philips Electronics [FAO (OS) No. 16 of 2014] upheld the order of the Single Judge of the Delhi High Court [2013 (56) PTC 570 (Del)] holding that revocation of a patent is not automatic under Section 64(1)(m) of the Patents Act, 1970...
By Siddharth Sharma & Ranjan Matthew
Why the need? – A rational perspective
Primarily, in order to understand the reasoning behind why a patentee or a licensee thereof is required to furnish information regarding the working of patents in India, it may be pertinent to study the Statutory provisions envisioned under Section 83 of the Patents Act, 1970 hereafter referred to...
By Tarun Gopalakrishnan & Adarsh Ramanujan
The purpose of patents is to protect and incentivise innovation. The structure of the patent system sets up a trade-off between disclosing the innovation and a limited exclusivity over it. Today, the number of patents held by an individual has become a proxy for an individual’s contribution to the sciences; corporations wear patent nu...
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