Technology Acquisition Opportunity: “Tubular Structure Ligator” And “Self Knotting Suturing Instrument”
We, at IIPRD, apart from handling core Intellectual Property (including Patent), and allied Legal matters, additionally focus heavily on Technology Licensing and Commercialization mandates, and accordingly are currently working with Dr. Vivek Harihar, a medical surgeon, on the potential sale/ license of his two patent-pending technologies with applications in medical-surgical procedures. Tubular Structure Ligator This […]
Patent Inventorship under Indian Patent Act
The legal standard for inventorship is used to decide who can be identified as an inventor in a patent application. Inventorship is defined differently in different jurisdictions; in this blog, we’ll look at how it’s defined in Indian law. Who qualifies as an inventor? Under Indian law, an inventor is someone who has contributed to […]
Serum Institute ‘Shields’ Its Covaccine in the Bombay High Court
The Bombay High Court, on April 20, 2021, through the Division bench of J. Nitin Jamdar and J. C.V. Bhadang, presided over the matter of Cutis Biotech v. Serum Institute of India Pvt. Ltd.[1] The two pharmaceutical companies manufactured vaccines for COVID-19, titled ‘Covishield’, and therein, both had applied for registering this trademark, whose applications were pending. […]
Media Trial- An Injustice to Fair Trial
Introduction When a case is in the progress of its judicial proceedings and no judgment has been provided by any judicial authority and an individual views a story or reads an article related to that issue after which he makes a perception solely on the basis of what he saw and read and starts seeing […]
Misconceived interpretation of Section 7, POCSO
Introduction The POCSO Act seeks to punish people involved in sexual offenses against children and is a gender-neutral law, that is it recognizes both girl and a boy can be victims of sexual offenses unlike Section 354 of the Indian Penal Code which only recognizes offenses against women. It not only comprehends penetrative sexual assault […]
Web Scraping and Intellectual Property Rights
The Internet is glutted with the presence of a myriad variety of goods and services. These goods and services present online that form the bread and butter for business are a protected product/content that is categorized as intellectual property and is protected under the Intellectual Property laws through copyright, trademark, design, etc. Thus, the protection of the […]
Corroboration of Rightful Ownership through Objection Provisions
Copyright Indian Copyright law is greatly inspired by and in congruence with the TRIPS agreement clauses and standards. The stipulations of the Berne Convention for Protection of Literary and Artistic Works, 1886 and the Universal Copyrights Convention, to which India is a party reflect strongly in the (Indian) Copyright Act, 1957, pursuant to the amendments […]
Concept Of Compulsory Licensing Under The Patents Act
An inventor is allotted with the patent right in exchange for disclosing its invention. Apart from the inventor of that patent, the public is being benefited most. Therefore it must be taken into consideration that the invention is made surely available to the public. But there seems to a danger of misuse of such monopolistic […]
$2.18 Billion: That’s what US Court Directs Intel to Pay for Patent Infringement
Recently, a federal jury in Texas awarded damages for patent infringement to the tune of US$ 2.18 billion – one of the largest in US history. The case is VLSI Technology LLC v. Intel Corp., 21-57, U.S. District Court for the Western District of Texas (Waco). Intel Corp. (“Intel”) a well-known chip maker was handed the award […]
Protection Of Jewellery: An Overlap Between Copyright And Design Laws
Design Act protects a design that has been registered duly under the requisites of the Act whereas the Copyright Act protects artistic works. Design has been defined under section 2(d) of the Act which is stated to include shape, configuration, pattern, ornamentation, compositions of line and colours which have been applied to an article either […]