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New medical device regulations may affect patent filings for new medical device inventions in India

Neetika Gandhi

Dec 2, 2020

New medical device regulations may affect patent filings for new medical device inventions in India

The medical device sector is one of the fastest growing industries in India and has witnessed a steady double-digit growth. A study...

Avanee Tewari

Dec 1, 2020

THE SECRET LIVES OF TRADE SECRETS

INTRODUCTION Trade secrets offer protection to a wide range of subject matter as data or information that do not qualify protection as...

Saumya Kapoor

Nov 26, 2020

Monthly Round UP-October, 2020

A. Notable Developments: 1. Annual Report 2018-2019[1] An overall increase of 15% in the filing of applications for various IPRs as...

Redbull's fight for “wings”; IPAB dismisses Red Bull’s petition for not being a “Person Aggrieved”

Vrinda Sehgal

Nov 13, 2020

Redbull's fight for “wings”; IPAB dismisses Red Bull’s petition for not being a “Person Aggrieved”

The Hon’ble Intellectual Property Appellate Board (IPAB) in the case of Red Bull AG v. Dr. Reddy’s Laboratories Limited & Ors., dismissed...

India: IPO issues abandonment notice in multiple cases despite suspension orders from Supreme Court

Garima Sethi

Nov 12, 2020

India: IPO issues abandonment notice in multiple cases despite suspension orders from Supreme Court

In order to contain the effect of the nationwide lockdown on Intellectual Property matters in India, the Indian Intellectual Property...

Supreme Court Affirms: Any Stay Granted By A Court Automatically Expires Within Six Months

Vrinda Sehgal

Nov 9, 2020

Supreme Court Affirms: Any Stay Granted By A Court Automatically Expires Within Six Months

In the recent case of Asian Resurfacing of Road Agency Pvt Ltd. & Another v. CBI, a three-judge bench of the Supreme Court of India vide...

IPAB holds claims of divisional must be derived from claims of parent (not just from specification)

Shivarpita Nailwal

Oct 31, 2020

IPAB holds claims of divisional must be derived from claims of parent (not just from specification)

IPAB holds claims of divisional application must be derived from claims of the parent application and not merely from the specification

INDIA: IPAB holds PCT declaration under Rule 4.17 (ii) acceptable as a Proof of right Requirement

Shivarpita Nailwal

Oct 31, 2020

INDIA: IPAB holds PCT declaration under Rule 4.17 (ii) acceptable as a Proof of right Requirement

IPAB holds that the inventor declaration filed under Rule 4.17 (ii) of the PCT Regulations is sufficient to establish Proof of right.

India: Patent Amendment Rules, 2020 Notified

Shivarpita Nailwal

Oct 24, 2020

India: Patent Amendment Rules, 2020 Notified

The Ministry of Commerce and Industry has notified the Patent (Amendment) Rules, 2020 to further amend the Patents Rules, 2003. The Draft...

DRAFT HIGH COURT OF DELHI RULES GOVERNING PATENT SUITS, 2020: A STEP TOWARDS SIMPLIFYING PATENT LIT

Sonal Madan

Oct 19, 2020

DRAFT HIGH COURT OF DELHI RULES GOVERNING PATENT SUITS, 2020: A STEP TOWARDS SIMPLIFYING PATENT LIT

INTRODUCTION In an attempt to streamline patent litigation, the High Court of Delhi has notified Draft Rules (The High Court of Delhi...

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Cinematography Redefined: Analysing Cinematography (Amendment) Bill, 2023

INDIA: HC clarifies jurisdiction of revocation petitions and power to transfer cases between Courts

Madras HC notifies dedicated Intellectual Property Division for hearing IP Matters

From refusal to grant: India Patent Oﬃce grants a patent after the High Court orders reconsideration

INDIA: HC issues directions in view of the recurrent unreasoned orders passed by the Patent Office

HC holds no flexibility for filing request for extension to file national phase patent application

India: Draft Patent (Amendment) Rules, 2023 published, comments invited from Stakeholders

Digital Health

Redbull's fight for “wings”; IPAB dismisses Red Bull’s petition for not being a “Person Aggrieved”

IPAB holds claims of divisional must be derived from claims of parent (not just from specification)

Madras High Court Emphasizes Procedural Fairness and Natural Justice in Patent Proceedings, Sets Aside Refusal Order

SOWING INNOVATION, REAPING RIGHTS: Revisiting Section 3(h) in Syngenta case

Protecting Patent Rights from Procedural Lapses: Key Takeaway from Bry-Air vs. Union of India

Navigating the Trademarkability Of Film Titles Through Judicial Interpretation

BEYOND BORDERS: THE JOURNEY OF THE 'MOLTY' MARK

INDIA - Understanding the traditional characteristics of Section 3(p) of the Indian Patents Act

From Reality to Virtuality: Trademark Challenges and Protection in the Metaverse

Brewed Confusion: Similar Label and Trademark Infringement

ZITA-MET Versus XIGAMET: High Court reiterates position on Trademarks and Pharmaceutical Products

Regulating The Conduct of Patent Agents in Light of Instances of Negligence

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