ArticleTime Stipulated In The Patent Act For Processing Of Application To Be Followed In Letter And In SpiritThe Patent Act of 1970 and Rules of 2003 clearly lay down the time for the processing of a Patent Application. IndiaIntellectual PropertyLex Orbis
ArticleToyota Prius – Rise Of Territoriality Over UniversalityThe 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 PropertyLex Orbis
ArticleTrademark Registry's Proposed Corrective MeasuresHaldiram 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 PropertyLex Orbis
ArticleVetsfarma 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 PropertyLex Orbis
ArticleWhether An Appeal As Against An Order In The Review Petition Is Maintainable?--- An IPAB DecisionIn 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 PropertyLex Orbis
ArticleWord Mark “Venture” Deliberated Upon- ITC’s Appeal AllowedThe standards in case of a “word mark” often come under contention, specifically in cases where words may assume multiple and diverse meanings. IndiaIntellectual PropertyLex Orbis
ArticleNew Drug Approval: Regulatory Scenario In IndiaConsidering 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 SciencesLex Orbis
ArticleAppointment Of New Technical Member To Hear Glivec AppealPursuant 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 PropertyLex Orbis
ArticleCopyright Society Entitled To File Infringement SuitWith 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 PropertyLex Orbis
ArticleCourt Has The Jurisdiction If An Infringing Mark Is Used On Interactive Website And Social Media HandlesThe 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 PropertyLex Orbis
ArticleDeemed Abandonment Under ScrutinySection 21 of the Patent Act, 1970 (the Act) provides for time for putting application in order for grant.IndiaIntellectual PropertyLex Orbis
ArticleDelhi High Court Holds Software Based Inventions Are Patentable On Demonstrating Technical EffectThe Delhi High Court has reiterated that the computer-related inventions demonstrating ‘technical effect' or ‘technical contribution' ...IndiaIntellectual PropertyLex Orbis
ArticleFor 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 PropertyLex Orbis
ArticleIs XEROX A Metonym For Photocopier?The Intellectual property Appellate Board (the Board) says NO. IndiaIntellectual PropertyLex Orbis
ArticleMadras High Court Clarifies Jurisdictional Issue: Wipro’s Appeal AllowedInterpretation 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 PropertyLex Orbis
ArticleNatural Calamity And Patent Office Time LinesCertain 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 restrictionsIndiaIntellectual PropertyLex Orbis
ArticleReiterating Bad Faith And Similarity In The Use Of Domain NamesViking 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 PropertyLex Orbis
ArticleSitagliptin Judgement: An OverviewIn 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 PropertyLex Orbis
Article“Vardhman” Not Liable To Be RectifiedThe 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 PropertyLex Orbis
ArticleThe Looming Shadow Of Angel TaxIt 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.IndiaTaxLex Orbis