Biological diversity or biodiversity encompasses the entire species of plants, animals and microorganisms, including variability and their immense ecosystems
[See Endnote 1]. India is one of the megadiverse countries with hotspots...
Dated: Dec 17, 2018
Scope of Section 3(i): An analysis on diagnostic methods of treatment
By Dr. Deepti Malhotra and Dr. Malathi Lakshmikumaran
TRIPS and methods of treatment
Patentability of methods of treatment is a contested subject matter worldwide. Article 27 of the World Trade Organisation’s Trade Related Aspects of Intellec...
Dated: Nov 21, 2018
Foreign filing license – Some issues
By Dipan Banerjee and Ankur Garg
Any person (inventor or applicant) who is an Indian resident, may wish to file a patent application (an application) in foreign countries due to various reasons, such as market potential, licensing opportunities, or other business policies. In such cases, the person may choose to either first file...
Dated: Oct 11, 2018
Standard Essential Patents - The Philips judgement & unanswered questions
By Sutapa Jana
Koninklijke Philips Electronics N.V. (Philips), being one of the first Standard Essential Patent holders to initiate SEP litigation in India, has secured a major victory in what is believed to be the first ever ‘post-trial’ judgment in an SEP litigation. Though the judgment has been embraced with enthusiasm by ...
Dated: Aug 28, 2018
Goodwill and reputation of trademark in India - Worldwide prior use plays significant role
By Ashna Pruthi
A Single Judge of the Delhi High Court
vide its Order dated May 31, 2018 in the case of
H&M Hennes & Mauritz AB & ANR v. HM Megabrands Pvt. Ltd. & Ors [IA No.7259/2016 in CS(COMM) No.707/2016, decided on 31-5-2018], granted interim injunction to the plain...
Dated: Jul 16, 2018
Infringement or passing off in use of single colour as trademark
By Prince Bharti and Manoj Gupta
A Single Judge of the Hon’ble Delhi High Court, vide its order dated May 25, 2018 summarily dismissed a suit for trademark infringement and passing off on the ground that no legal cause of action is made out by the Plaintiff as the registered trademark does not qualify to be a tradem...
Dated: Jun 18, 2018
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