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Articles

Patent (Amendment) Rules, 2016

salient features of the Patent (Amendment) Rules, 2016 as applicable for foreign Applicant in India Read More

Supreme Court clarifies Suit section 62 of the Copyright Act or section 134 of the Trade Marks Act to be filed plaintiff is residing or carrying on business if cause of action wholly or partly has also arise there

Supreme Court held that the provisions of section 62 of the Copyright Act and section 134 of the Trade Marks Act have to be interpreted in the purposive manner and clarified that if the plaintiff is residing or carrying on business etc. at a place where cause of action, wholly or in part, has also arisen, he has to file a suit at that place. Read More

Mere uploading the Examination report online does not amount to communication

Mere posting of the letter on the website does not constitute communication of the objection or proposal in writing as required by Rule 38(4) of Trade Marks Rules, 2002. The Mumbai HC held that placing the notice of the website does not constitute compliance with that Rule 38(4) of the said Rules. Read More

INTERPRETATION OF OBVIOUSNESS IN ASIA

Object of grant of patent is to encourage scientific research, new technology and industrial progress and for that object exclusive privilege is granted. At the same time before awarding patent for any invention it has to be considered that the invention must be novel, must involve an inventive step and must have industrial application. Read More

INTERPRETATION OF OBVIOUSNESS IN EUROPE

The expression “inventive step” is predominantly used for instance in European Union while the expression “non- obviousness” is predominantly used in United States of America. The assessment of the inventive step and non-obviousness varies from one country to another while the underlying basic principal remains the same. Read More

Removal of Registered Trademark without following the mandatory procedure prescribed is bad in Law

Delhi high court upheld Judgement directing restoration and renewal of trademark MBD, 29 years after due date of renewal. Notice on form O3 is must intimating the registered proprietor about the deadline of renewal and consequence thereof. Read More

DOCTRINE OF ESTOPPEL BY ACQUIESCENCE OR WAIVER FOR INFRINGEMENT

Section 33 (1) of the Trademarks Act, 1999 provides that if the earlier Registered Proprietor has acquiesced for a continuous period of 5 years in the use of a registered trademark, being aware of that use, he is not entitled to either seek invalidation of such later mark or oppose its use in relation to goods or services in relation to which it has been so used, unless registration of such mark was applied in bad faith. Read More

THE DOCTRINE OF OBVIOUSNESS IN INDIA

Definition: Obviousness is a noun, derived from word obvious meaning easily seen, recognised or understood. The word obvious has originated from the Latin word “obvius” meaning “in the way”. Read More

TRADEDRESS AND ITS INTERPRETATION BY COURTS IN INDIA

Trade dress refers to characteristics of the visual or sensual appearance of a product that may also include its packaging which may be registered and protected from being used by competitors in relation to their business and services. Read More

Challenge to a provision accrued before it is repealed is maintainable if the repealing act is silent

The Supreme Court of India in a landmark judgment as to interpretation of Indian Patents Act and to the maintainability of challenge to a provision after it is repealed... Read More

WHO HAS THE RIGHT OVER A MARK THE MANUFACTURER OR DISTRIBUTOR?

Delhi High Court in Double Coin Holdings Ltd. Vs. Trans Tyres (India) Pvt. Ltd. elaborately dealt with the issue as to who has right over a trademark, manufacturer or distributor/ importer Read More

Amendment of claims in infringement Suit whether permissible without amending the plaint

Delhi High Court held amendment in claims as allowed in another suit can not be allowed in a pending suit without amending plaint. Read More

COMPUTER SOFTWARE AND BUSINESS METHOD PATENTS IN INDIA

Computer Software & Business Method Patents In India: India does not allow patents for inventions related to mathematical or business method or computer programme “per se” or algorithms. Read More

PATENT- INTERPRETATION OF OBVIOUSNESS

Obviousness is a noun, derived from word obvious meaning easily seen, recognised or understood. The word obvious has originated from the Latin word “obvius” meaning “in the way”.To interpret the doctrine of obviousness it is necessary to first understand the objective of grant of Patent. Read More

INTERPRETATION OF OBVIOUSNESS IN UNITED STATES OF AMERICA

"Non-obviousness" is the term for “inventive step” used in US patent law and codified under 35 U.S.C. §103. Thereby implying that a "person having ordinary skill in the art" would not know how to solve the problem at which the invention is directed by using exactly the same mechanism. Read More

PATENTIBILTY OF MICROORGANISMS IN INDIA

Inventions pertaining to microorganisms and other Biological material were subjected to product patent in India unlike many developed countries. But with effect from 20.05.2003 India has started granted patents to invention related to microorganisms. Read More

Compulsory Licence Patent

Compulsory Licence For Patents In India: Any interested person after expiry of 3 years from grant of patent even though if he is a license under the patent, may make an application to the Controller for grant of compulsory license Read More

PATENTED DRUGS- NO MARKETING APPROVALS TO GENERIC COMPANIES

The Government of India is finalising a system that will prevent generic manufactures from getting marketing approval to sell patented drugs in India. Read More

COMPUTER SOFTWARE & BUSINESS METHOD PATENTS IN INDIA

India like European Union does not allow patents for inventions related to mathematical or business method or computer programme "per se" or algorithms. The relevant provision under the Indian Patents Act reads as under... Read More

Samsung Loses Challenge To Constitutionality Of India's Customs Regulations Governing Import Of IP Goods

Samsung India Electronics Pvt. Ltd, Indian arm of Samsung Electronics Co. Ltd had challenged the constitutionality of India's customs regulations governing the import of IP goods in Delhi High Court by filing a writ petition. More precisely it has challenged the custom notification no. 47/2007 Customs (N.T.) dated 08.05.2007 called Intellectual Property Right (Imported Goods) Enforcement Rules, 2007 Read More

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