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Should Sections 9 and 11 of the Indian Trade Marks Act, 1999 be limited to...
In an order dated February 16, 2012, the High Court at Madras held that Section 9 and Section11 of the Trade Marks Act, 1999 cannot be applied for rectification of an entry of the mark from the Trade...
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100% increase expected in Official Fee for Patent Matters, early filing...
DearColleagues, We wish to inform you that there is a recent notification in the Official Gazette dated May 6, 2013 proposing a hike in Patents official fee. The fee schedule changes include an...
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Designate India in new International Applications from July 8, 2013
India has joined the International Trade Mark System by acceding to the Madrid Protocol. The system comes into effect from July 8, 2013. India is the 90th member of the Madrid Protocol and was preceded...
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IPAB sets aside the Pre-Grant Opposition order against “ABRAXIS”, accepts...
The Intellectual Property Appellate Board (IPAB) in its decision dated January 20, 2014 while accepting violation of principle of natural justice by Assistant Controller, ordered to set aside the...
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Delhi High Court prevents India Today Group from claiming monopoly over the...
The Delhi High Court in its decision dated February 19, 2014 rejected the interim application filed by Living Media Ltd known as INDIA TODAY GROUP, (Plaintiffs) seeking temporary injunction to restrain...
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INDIA: Delhi High Court Rules on Passing Off of Pharmaceutical Products
In Boehringer Ingelheim Pharma GmbH & Co. KG v. Premchand Godha & Anr. (CS(OS) No. 1287/2013 (Del. Dec. 16, 2013)), the High Court of Delhi confirmed its injunction order of July 5, 2013, in...
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INDIA: High Court Lifts Blanket Ban on “Statement of Use” Amendment;...
In an important development concerning a recent order of the Controller General of Patents, Designs and Trademarks, the High Court of Delhi struck down Clause No. 3 of Office Order No. 16 of...
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INDIA: Full Bench Upholds Power of Courts to Examine Validity of Trademark...
In a recent decision of December 23, 2014, the Full Bench of the Bombay High Court, while adjudicating two separate matters—Lupin Ltd. v. Johnson & Johnson and Shakti Bhog Foods Limited v. Parle...
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INDIA: IPO PROVIDES CLARIFICATION PERTAINING TO CLASSIFICATION OF DESIGN...
The Indian Patent Office (IPO) issued a circular on August 18, 2015, providing a clarification on the subsisting practice of registration of a design being applicable to only the article covered by the...
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India: IPO issues positive guidelines on Software Patents and Computer...
We are pleased to inform you that Indian Patent office has published updated guidelines on patentability of computer related inventions. The detailed guidelines are available at...
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India: Committee opines on Expedited Examination and Patent Term Extension
NITTO DENKO v. UNION OF INDIA & ORS. The Patents Act, 1970 and especially Rule 24B(3) of the Patent Rules, 2003 provides the First Examination report is to be issued ordinarily within six...
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Process Patent Infringement: Glenmark v. Symed
GLEMMARK PHARMACEUTICALS LIMITED & ANR. v. SYMED LABS LIMITED Highlighting the significance of Section 104 A of the Patents Act, 1970 (‘Act’) in case of process patent, the Division bench of...
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INDIA: Court Rules on Passing Off: Denies Injunction Due to “Delay” and...
In a recent judgment dated May 11, 2015, the Delhi High Court decided upon an interim application filed on July 8, 2012, by plaintiffs SRF Foundation & another, seeking interim injunction against...
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INDIA: IPAB Rules in favour of Chivas' 100 PIPERS Trademark
In an order issued by India’s Intellectual Property Appellate Board (IPAB) on March 3, 2015, the mark ROYAL PIPERS of Khoday Breweries Ltd. was struck off the Register following a rectification...
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INDIA: IPAB Removes Well-Known Mark, Holds Law Should Not Be Stretched to...
In M/s Nirmal Industrial Control Pvt. Ltd. v. M/s Nirma Chemical Works Pvt. Ltd. (ORA/133/2010/TM/AMD (IPAB Sept. 13, 2013)), the Intellectual Property Appellate Board (IPAB) removed the registered...
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Patents: FRAND Litigation in India
Introduction Standard Essential Patents are patents, which are granted over an invention or technology establishing a standard. For example, mobile telecommunication technologies like 2G, 3G, GSM,...
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High Court grants Injunction in Novartis v. CIPLA for Indacaterol Patent
NOVARTIS AG & ANR. v. CIPLA LTD. Deciding the fate of application for temporary injunction under Oder XXXIX Rules 1 and 2 of the Civil Procedure Code, in an infringement suit instituted by...
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BMS’ PATENT FOR DASATINIB PRIMA FACIE VALID, UPHOLDS HIGH COURT
By a recent decision, the Delhi High Court seems to have put a long drawn battle between US incorporated Pharma giant Bristol-Myers Squibb (BMS) and Mumbai based Indian Drug Company BDR Pharma...
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INDIA: Well-Known Mark ZARA Wins Trademark Infringement Battle
The Honorable High Court of Delhi recently granted an ad interim injunction in Industria De Diseno Textile Sa v. Oriental Cuisines Pvt. Ltd. And Ors, restraining the defendants (Oriental Cuisines Pvt...
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DRAFT PATENTS (AMENDMENT) RULES Notified, several positive changes proposed
The Government of India, through its Ministry of Commerce and Industry has recently come up with the Draft Patents Amendment Rules, 2015 (the “Draft Rules”) in order to bring the present law in...
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