God Bless November 27, 2016
Well, I am sure, this is what is crossing through the minds of the IP enthusiasts who have been waiting since long (2013-being specific) for their turn to appear for Patent Agent Examination (PAE). They were not able to do so for the want of examination taking place. November 27, 2016, has definitely brought a […]
Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?
Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, […]
Wanna play Music commercially? Pay the Royalities first!
This may sound difficult given that commercial places in India have taken right to play the music as their inherent one. Situation may change soon after two recent judgements of Hon’ble Delhi HC. Basic information on ISRA, laws relating performance rights have been discussed below: ISRA is the first Copyright Society to be registered by […]
HOW TO CALCULATE TERM OF/ EXPIRY OF INDIAN PATENT?
In order to analyse Patent infringement or to conclude Freedom to Operate (FTO) search, one must know how to calculate expiry of Patents or estimated expiry of pending Patent Applications. This article discusses step-wise approach for expiry calculation for India. Amended section 53 of the Indian Patent Act, 1970 governs estimated expiry of the pending Patent […]
New Hyderabad Branch Opened
Khurana & Khurana, Advocates and IP Attorneys (K&K) along with IIPRD are delighted to announce that they have opened up branch Office in Hyderabad in wake of the rising client requirements and towards their goal of expanding their operations across India. With the new Office, K&K and IIPRD now have offices in Noida (NCR), Mumbai, […]
Medicines Patent Pool’s Voluntary Licensing; Unique in its efforts to better treat the Infection
Efforts of Medicines Patent Pool (hereinafter referred to as “MPP”); a United Nations backed public health organisation, founded in July 2010, and based in Geneva, Switzerland are praiseworthy. The lives of millions of people in poor developing countries depend on access to affordable medicines. However, unfortunately most of the world’s population does not receive the […]
Does Focusing on Single Embodiment Limits the Patent Specification?
This issue was handled by the United States Court of Appeals for the Federal Circuit in the SCRIPTPRO LLC, SCRIPTPRO USA, INC., Plaintiffs-Appellants v. INNOVATION ASSOCIATES, INC., Defendant-Appellee decided on August 15, 2016. This was an appeal from the United States District Court for the District of Kansas in No. 2:06-cv-02468-CM, Judge Carlos Murguia. United […]
Clarification on Small Entity Status of Patent Applicants in India
I really wonder if the Indian Patent Act was already less troublesome that we needed a new set of rules, substantially increased fees, and more importantly introduction of the Small Entity Status of Applicants, which creates even more confusion on retrospectively payable fees, implications of change in status during prosecution, the timeline for submission of […]
Roche sues Biocon and Mylan over biosimilar version of Herceptin in India
Trastuzumab/Herceptin has been amidst several controversies off lately and this time it is regarding a biosimilar which has jointly been manufactured by Biocon and Mylan. Background Roche’s breast cancer drug Herceptin sold under the brand names HERCEPTIN, HERCLONTM and BICELTIS is a biological drug used primarily for the treatment for human epidermal growth factor receptor […]
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 Supap Kirtsaeng, […]