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Bt COTTON PRICE CONTROL: FIXATION OF LICENSE FEES BY THE KARNATAKA HIGH COURT
Monsanto’s much discussed Bt Cotton has spawned the biggest of all intellectual property disputes in India. In series of matters concerning the Bt cotton patent, which involves around at least 15...
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Indian Patent Office rebuffed a prostate cancer drug patent to Xtandi
The Indian Patent Office in one of its recent decisions dated November 8, 2016, repudiated a patent to Xtandi (Enzalutamide), an expensive drug for prostate cancer, on the strapping grounds of...
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DATA EXCLUSIVITY REGIME- BOON TO BIG PHARMACEUTICAL COMPANIES ?
Recently, the Government of India has proposed a change to the Drugs & Cosmetics Rules, 1945 seeking to introduce changes to the present provisions relating to data exclusivity. The Department of...
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India: Proposed Amendment to Allow Applications for Declaration of Marks as...
The Trade Mark (Amendment) Rules, 2015, were released for public comment in November 2015, and look set to be in effect very soon. The aim of the rules in general appears to be to drastically reduce...
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The Curious Case of Roche v. Cipla: A Win- Win?
Another IP battle that made headlines this year was the case of Roche v. Cipla. The Delhi High Court in a mixed judgement of sorts held Roche’s patent on Erlotinib to be valid while at the same time...
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First Compulsory License Granted
In a landmark move earlier this year, India’s first compulsory license (CL) was granted to Natco Pharma, for Bayer Corporation’s patented drug Nexavar. The license permitted Natco to manufacture and...
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International Non-Proprietary Names Published by Indian IPO
“All in good time”, with an aim of providing health and pharma industry with unique and globally available designated names in order to identify each pharmaceutical substance, the publication of the...
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Copyright (Amendment) Act, 2012
The Copyright (Amendment) Act 2012 has finally put to rest the controversy related to the royalties of singers, composers and lyricists. The Act...
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Ashok Kumar- India’s answer to John Doe
In a welcome step, Indian Judiciary has embraced the concept of handing out ‘John Doe’ orders or Ashok Kumar orders as they are colloquially called.Although, the Delhi High Court has since the early...
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Manufacturer Vs. Distributor- Who owns the goodwill?
The Delhi High Court’s Division Bench has held that good will belong to the party that creates customer confidence and on whose reputation the goods were sold. In the instant matter, the dispute...
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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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