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  • Article

    Section 3(i) Not Designed To Exclude Method Of Supplementing An Animal Feed

    Another pharmaceutical patent refusal came under the Indian judicial scanner, when in Kemin Industries, Inc. vs The Controller of Patents [ CMA(PT). No.46 of 2024], the Controller refused to grant the patent [Application no.201617013577] for an invention titled "Use Of Ferulic Acid Esterase To Improve Performance In Monogastric Animals".
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trends And Developments Concerning Liability Of Intermediaries In India

    India has been witnessing a boom in e-commerce over the past few years and it has become India's fastest growing and most trending medium for commercial transactions.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
Article

Even The Slightest Possibility Of Confusion In Drugs Is Impermissible In The Pharmaceutical Sector

The misrepresentation of trademarks in the pharmaceutical sector can have disastrous consequences and can prove to be fatal.
IndiaIntellectual Property
Lex Orbis
Lex Orbis
  • Article

    Suzuki Recognized As A Well-Known Trademark In India

    In 1982, the Indian automobile market welcomed Suzuki Motor (hereinafter also referred to as the "Plaintiff"), a Japanese automobile company which collaborated
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Winds Of Change: Exploring The India-EFTA Trade And Economic Partnership Agreement

    On March 10, 2024, after 15 years of negotiations, the India-European Free Trade Association (EFTA) successfully concluded a Trade and Economic Partnership Agreement.
    IndiaInternational Law
    Lex Orbis
    Lex Orbis
  • Article

    The Advent Of Hot-Tubbing In India

    The role of experts and their testimony in highly technical matters is indispensable.
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    Product By Process Claims: A Different Aspect For Patentability And Infringement

    Claims define the boundary of a patent specification or in other words claims define the protection conferred by a patent.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Use Of Algorithms And Computer Programmes With Technical Contribution Patentable: Madras High Court Rules

    Section 3(k) of the Patents Act, 1970, remains the most disputed matter being taken up by the Courts in India. In the recent case of AB Initio Technology LLC. Trans Union vs Controller Of Patents [(T)CMA(PT) No.58 of 2023],.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Key Features Of The Personal Data Protection Bill, 2019

    The Personal Data Protection Bill, 2019 ("PDPB") was introduced in Lok Sabha by the Minister of Electronics and Information Technology, on December 11, 2019.
    IndiaPrivacy
    Lex Orbis
    Lex Orbis
  • Article

    Aerosol Generating Devices And Patentability: A Conundrum Of "Prejudice" And "Serious Prejudice" Under Section 3(b) Of The Indian Patents Act

    A general principle inherent to granting patents is to encourage inventions and promote scientific research. Providing an alternative to cigarettes through scientific intervention, incorporating rapid technological advancements, is a step towards countering the harmful effects of tobacco.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Need ‘SoftPatents' for Software Inventions

    At the outset, I would take this opportunity to congratulate the Indian Patent Office for coming up with the guidelines for 'Computer Related Inventions (CRI).
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    IP Laws & The Criss-Cross Roads!!

    Section 15 of the Copyright Act states that"...Copyright shall not subsist under this Act in any design which is registered under the Designs Act, 1911".
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    SC Clarifies On Pre-Amendment Appeal Jurisdiction

    The postponement of some provisions being brought to force of the Patents (Amendment) Act, 2005, led to confusion which was elucidated in the case of J. Mitra & Co. Pvt. Ltd. v. Asst. Controller of Patents & Designs & Ors. [Civil Appeal arising out of S.L.P. (C) No.15727 of 2008] The date of commencement of an Act at times is left to a specified future date or to such date as may have been appointed, with different dates being employed for different provisions in some instances.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    India And Its Regressive Step In Crime And Punishment

    The Criminal laws were made more stringent, when in the year 2013 the Indian Penal Code, 1860 stood amended...
    IndiaCriminal Law
    Lex Orbis
    Lex Orbis
  • Article

    Key Changes To The Indian Overseas Investment Regime

    In keeping with the spirit of liberalisation and to promote ease of doing business, the Central Government and the Reserve Bank of India have been progressively simplifying the procedures and rationalising the rules and regulations under the Foreign Exchange Management Act, 1999.
    IndiaFinance and Banking
    Lex Orbis
    Lex Orbis
  • Article

    Major Amendments In The Indian Patents Law

    On December 26, 2004 the President of India promulgated an Ordinance to amend the national patents law. The Ordinance came into force on January 1, 2005 marking the culmination of a decade long efforts by the Government of India to make the Patents Act compliant with the TRIPS Agreement. A Presidential Ordinance is, however, a temporary legislative measure. It will cease to operate at the expiration of six weeks from the reassembly of the Parliament.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Order For Refusal Of Patent Set Aside: Delhi High Court Directs Re-Consideration Of Inventive Step Using 'Hoffman Test'

    This case joins a long list of similar cases in which the applicant seeks a review of the refusal order by filing a petition under Section 77(1)(f) of the Patents Act, 1970, before the Controller.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Hoffmann Test For Assessing Inventive Step Applied: Appeal Dismissed By Delhi High Court

    In Amylin Pharmaceuticals LLC & Anr. vs Assistant Controller of Patents (C.A.(COMM.IPD-PAT) 76/2022), the Delhi High Court upheld the refusal of a patent application for a sustained-release exenatide injection for diabetes.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Dispute Over Numeral "8"

    A word, letter, numeral or a symbol used in combination and unrelated to the goods on which it is applied, may create a distinctive trademark.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Parle Group Engaged In A House Marks Dispute

    Large business facilities in India have often sprung from family collaborations and partnerships. In doing so, the family name often plays a key role and gains a prominent place as a "house mark" often inviting litigation. The case of Parle Products v. Parle Agro 2009 (39) PTC 405 revisits the dicta behind the use and sharing of "house marks".
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
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