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  • Article

    Time Stipulated In The Patent Act For Processing Of Application To Be Followed In Letter And In Spirit

    The Patent Act of 1970 and Rules of 2003 clearly lay down the time for the processing of a Patent Application.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Toyota Prius – Rise Of Territoriality Over Universality

    The Apex court's decision of December 14, 2017 in the case of Toyota Jidosha Kabushiki Kaisha v Prius Auto Industries Ltd & Ors (Civil Appeal Nos. 5375-5377 of 2017) affirming the decision...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trademark Registry's Proposed Corrective Measures

    Haldiram India Pvt. Ltd v Union of India and Anr, is a recent case where it was revealed that the Trademark Registry had misplaced over 44,000 files.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Vetsfarma Vested With The “Right To Be Heard”

    The Principles of Natural Justice find a place in all jurisdictions and legal regimen. The law seems frivolous without the edicts of the principle and governs every branch of law, irrespective whether new or old.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Whether An Appeal As Against An Order In The Review Petition Is Maintainable?--- An IPAB Decision

    In the case of Sachdeva & Sons Industries Pvt. Ltd v Deputy Registrar of Trademarks, a miscellaneous petition was filed by the Respondent No.2/Petitioner, under Order 47 Rule 7(1) of the Civil Procedure Code(CPC) read with Section 161 of the CPC, seeking for dismissal of the appeal (filed by Sachdeva & Sons Industries Pvt. Ltd [appellant/respondent]).
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Word Mark “Venture” Deliberated Upon- ITC’s Appeal Allowed

    The standards in case of a “word mark” often come under contention, specifically in cases where words may assume multiple and diverse meanings.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    New Drug Approval: Regulatory Scenario In India

    Considering the Indian pharmaceutical industry is the third largest industry in terms of output, it is necessary to understand the regulatory scenario for the pharma sector...
    IndiaFood, Drugs, Healthcare, Life Sciences
    Lex Orbis
    Lex Orbis
  • Article

    Appointment Of New Technical Member To Hear Glivec Appeal

    Pursuant to Novartis’ litigation, challenging the appointment of S. Chandrasekaran as the expert Technical Member to hear the matter, the Supreme Court has thrown light on the scenario.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Copyright Society Entitled To File Infringement Suit

    With respect to, the right of a Copyright Society to institute a suit in its own name for infringement of Copyright, an appeal was filed to the earlier decision rendered by the Delhi High Court in Phonographic Performance Ltd. v. Hotel Gold Regency & Ors. [2008 (37) PTC 587 (Del.)]. This decision in appeal declared that a Copyright Society was held not liable to institute a suit for copyright infringement without making the copyright owner a party to the same.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Court Has The Jurisdiction If An Infringing Mark Is Used On Interactive Website And Social Media Handles

    The Delhi High court in the case titled Exxon Mobil Corporation v. Exoncorp Private Limited vide its judgment dated July 16, 2019 granted an injunction restraining the Defendant from using the mark EXON ...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Deemed Abandonment Under Scrutiny

    Section 21 of the Patent Act, 1970 (the Act) provides for time for putting application in order for grant.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Holds Software Based Inventions Are Patentable On Demonstrating Technical Effect

    The Delhi High Court has reiterated that the computer-related inventions demonstrating ‘technical effect' or ‘technical contribution' ...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    For Offences U/S 63, 67 And 68 Of Copyright Act, There Is A Limitation Of 3 Years U/S 468 (2) (C) Cr.P.C. For Taking Cognizance.

    In the case of Roma Mitra,W/o Dr. (Prof.) N.R Mitra (Appellant/Petitioner) v State of Bihar and Dr. (Mrs) Supata Bhattacharya (Respondent/Complainant); the Petitioner under Section 482 of the Code of Criminal Procedure Code(CPC) prayed for quashing of an order passed by the Judicial Magistrate, who had taken cognizance of offence under Sections 63,67 & 68 of the Copyright Act and Section 120B of the Indian Penal Code (IPC).
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Is XEROX A Metonym For Photocopier?

    The Intellectual property Appellate Board (the Board) says NO.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Madras High Court Clarifies Jurisdictional Issue: Wipro’s Appeal Allowed

    Interpretation of Statutes is key to the operation of law. While the rules existent to this may be several, occasions do arise whereby the Courts take cognizance of the same, primarily where the scope of contrast and conflicting interpretations exist.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Natural Calamity And Patent Office Time Lines

    Certain offices such as patent office universally requires that the processes involved in the process or proceeding related to the patent applications are subjected to statutory time line restrictions
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Reiterating Bad Faith And Similarity In The Use Of Domain Names

    Viking Range Corporation, established under the laws of Mississippi, USA and located therein, moved to the WIPO Arbitration and Mediation Centre, with regard to its grievance in relation to its rights in the mark and name VIKING and VIKING COOKING SCHOOL, being the owner of the trademark VIKING and holder of registrations in respect of the same in the USA.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Sitagliptin Judgement: An Overview

    In a recent, very intensely contested litigation between Merck Sharp and Glenmark Pharmaceuticals Ltd., the Hon'ble Delhi High Court delivered a much awaited judgement. In the suit Merck contended infringement of its Anti-diabetic drug Sitagliptin ..
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    “Vardhman” Not Liable To Be Rectified

    The trademark regime in India provides for a procedure, whereby a mark may be rectified or varied. An application with such a request may arise for various reasons, including certain grounds that may have attracted rejection of the mark.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Looming Shadow Of Angel Tax

    It is normal in the course of the life of a start- up to look for funding from investors such as angel investors, early stage VCs etc.
    IndiaTax
    Lex Orbis
    Lex Orbis

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