Category: Legal Issues

Enzalutamide Case: The Regents Of The University Of California V. Union Of India And Others (2019)

PREFACE The High Court of Delhi on 16.05.19 has set aside the impugned order delivered by the Controller on 08.11.16 in the case of ‘The Regents of the University of California (hereinafter referred as the petitioner) v. Union of India & Others’ (hereinafter referred as the respondent), further remanding the controller to decide the case … Continue reading Enzalutamide Case: The Regents Of The University Of California V. Union Of India And Others (2019)

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The Practice of “Defendant Masking”: A Mistake or A Strategy?

Introduction As we all know that “Masks” are conveniently used for hiding the real identity of a person, similar is the practice of “Defendant Masking.” As the name suggests, the practice of ‘defendant masking’ is a strategy used by the plaintiffs in IPR suits to avoid detection of matter in the cause list by masking … Continue reading The Practice of “Defendant Masking”: A Mistake or A Strategy?

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Determining When A Printed Publication Is Publicly Accessible

Here is the latest article by Dr. Sanjeev Mahanta, Guest Blogger at IIPRD. Sanjeev is an attorney in the Patent group of Arent Fox, LLP. Sanjeev’s practice focuses on prosecution of domestic and international patent applications. Sanjeev helps clients obtain patents across a wide technology spectrum including biotechnology, pharmaceuticals, chemistry, materials science, and medical device. … Continue reading Determining When A Printed Publication Is Publicly Accessible

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Export Of Patented Product For Research Or Experimental Purposes– A Part Of Bolar Exemption

The High Court of Delhi had finally adjudged, the case of Bayer Corporation v. Union of India & Ors and Bayer Intellectual Property gmbh & Anr, v. Alembic Pharmaceutical Limited by the order dated 22.04.2019, on the scope of section107(A) of Indian Patent Act 1970 by reading the meaning of word ‘export’ into it, though … Continue reading Export Of Patented Product For Research Or Experimental Purposes– A Part Of Bolar Exemption

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Online Gaming in India

The gaming scene in India, like the rest of the world, has irrevocably been shaken up with the evolution of digital and online gaming. While PC and Console gaming still remain wildly popular, the number of users indulging in online gaming is on a steady rise. In India, the gaming sector is regulated by The … Continue reading Online Gaming in India

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Protection of Celebrity Rights/ Personality Rights in India

The Delhi High Court recently passed an order of injunction against Zee Media from using the TV personality Rajat Sharma’s name in any of its advertisements, whether electronic or print. The Court also asked Zee to remove all hoardings bearing Sharma’s name. Thus, by passing such an order, the Court upheld celebrity rights in the … Continue reading Protection of Celebrity Rights/ Personality Rights in India

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Case Comment on Hon’ ble NCLT Mumbai Bench Holding – ” Claims towards rent do not qualify as Operational Debt under IBC”

The Hon’ble National Company Law Tribunal or NCLT (Mumbai) Bench  in M/S Citicare Super Speciality Hospital vs. Vighnaharta Health Visionaries Pvt. Ltd.[1] has held that claims towards outstanding rent do not qualify as “ Operational Debt” as defined under Insolvency and Bankruptcy Code, 2016 ( IBC) and therefore the petition is not maintainable under Section 9 of … Continue reading Case Comment on Hon’ ble NCLT Mumbai Bench Holding – ” Claims towards rent do not qualify as Operational Debt under IBC”

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Horlicks Ltd. v. Heinz India: Delhi High Court held that comparative advertising by use of Competitor’s mark allowed

In a recent judgment dated 17th December, 2018 the Delhi High Court has ruled that the law allows comparative advertising as long as the use of competitor’s mark is honest. Facts of the Case[1]: The suit in question was filed by the plaintiff for permanent injunction against advertisement when he discovered in the newspaper “The … Continue reading Horlicks Ltd. v. Heinz India: Delhi High Court held that comparative advertising by use of Competitor’s mark allowed

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A Closer Look At Tea Board, India V. ITC Limited Dispute

Introduction Shahi Litchi of Bihar, Mysore Silk, Coorg Orange, Kashmiri Pashmina, Mizo Chilli among many others have one thing in common i.e. their quality, production and reputation is firmly attached to a particular geographical location. Property Rights are granted to products of such nature due to the fact that they are produced in a specific … Continue reading A Closer Look At Tea Board, India V. ITC Limited Dispute

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Xperi and Samsung settlement along with a new Patent license agreement with Samsung

Introduction US-based semiconductor company Xperi Technologies had sued Samsung Electronics on the grounds that the South Korean tech conglomerate made unlawful usage of 24 patented technologies owned by the Xperi company. According to earlier reports, the allegedly infringed patents comprise a extensive variety of semiconductor processing, bonding, and packaging technologies which had been used by … Continue reading Xperi and Samsung settlement along with a new Patent license agreement with Samsung

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