Month: March 2013

Copyfight or Copyright?- An analysis on the legal scenario of parallel importation

On 19 March 2013, in a closely divided 6-3 judgment in Kirtsaeng v. John Wiley, the U.S. Supreme Court held that copyright law could not be used to prevent parallel importation into the USA for works that are made outside the USA. The facts of the case are as follows: In 1997, a student named … Continue reading Copyfight or Copyright?- An analysis on the legal scenario of parallel importation

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What is a Priority Date of a Patent of Addition?

This Article would not discuss as to what is a patent of addition, when does it expire, etc., answers to which are clearly mentioned in the Indian Patents Act. Briefly, to sum up, a Patent of addition can be filed at any time either before or after the grant of the main application for an … Continue reading What is a Priority Date of a Patent of Addition?

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Depository Material in Indian Patent Application

Indian Patents Act provides an applicant to deposit biological material in support of the Indian patent application. It is an exigent via which an applicant can cure what might otherwise be a conceivably fatal defect in a patent application or even for an issued patent. A “biological deposit” can, in that case, fulfill the requirement … Continue reading Depository Material in Indian Patent Application

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