Month: May 2014

Patent Trolling and Fee-Shifting

Manish Kumar, the intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court’s recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had the discretion of awarding reasonable attorney fees to … Continue reading Patent Trolling and Fee-Shifting

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Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

Introduction A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d. The ruling decided that any new form of known compound (in medicine) would be patentable only if there is enhanced ‘therapeutic efficacy’ over the known compound. Post Novartis ruling, a couple of patent … Continue reading Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

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M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

Takshasheel Bouddha, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel &The Controllers of Patents & Designs. This judgment is with respect to Section 64 of the Patent Act, 1970. Introduction: The dispute was regarding two patents i.e. Patent No.189027 and Patent … Continue reading M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

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3D Trade Marks

In recent years, trademark registries and courts have grappled with applications for silhouettes, shapes, scents, textures, short cartoons, single colors, body movements, etc as trademarks. This invasion of the unconventional is due to the abstract nature of the legal definition of a trademark. On one hand, the trademark law has embraced an open-ended definition that … Continue reading 3D Trade Marks

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India Signs Marrakesh Treaty for Visually Impaired

India has signed the ‘Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled’ at a ceremony organized by the World Intellectual Property Organisation (WIPO) at Geneva during 28th April to 2nd May 2014 through Smt. Veena Ish, Joint Secretary in the Ministry of Human Resource … Continue reading India Signs Marrakesh Treaty for Visually Impaired

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