Understanding Gene Patenting
We are sure that all of you must have learned about the latest US Supreme Court decision in Association for Molecular Pathology V. Myriad Genetics on June 13, 2013, which has ended the long brawl of 5 years. Yes! the…
Day of reckoning for domain name bullies!
Ever since the advent of the Domain Name System, the entire world has experienced a radical metamorphosis that has brought about a revolution in the way we communicate and connect. Domain names have dramatically expanded the reach of businesses and…
IPO displays Month & year of RFE that are being examined
Indian Patent Office (IPO) makes available a dynamic grid shown below: IPO will make the month and year for the Request for Examination (RFE) filed that are currently being examined and the First Examination Report (FER) being issued, for each…
Draft Patents (Amendment) Rules 2013
Indian Patent Office (IPO) has recently published Draft Patents (Amendment) Rules 2013 and has invited comments (objections or suggestions) from the public within 45 days from the publication of the notification (12th June 2013). The main changes proposed are the…
LOWENBRAU vs. LOWENBRAU- A NON-USE CONTROVERSY
Gajendra Khichi, an intern at Khurana and Khurana talks about the case of non-use of the trademark. Through this post, he gives special emphasis on the case of M/s. Lowenbrau Buttenheim vs. M/s. Lowenbrau Munchen, which created quite a stir…
The Drift of Genetically Engineered Seeds
Assume for instance that a farmer buys, say, a mix of “soya seeds” from a local grain elevator, and sow them. Later, it turns out that, the undifferentiated mix of seeds also contained “Patented Genetically Engineered (GE) seeds”. Will it…
An analysis on comparative advertising
Comparative advertising means comparing different brands on price, services, and other factors and focusing on advertising one of the brands in a way to show how their rivals are inferior as compared to it. This comparison would be very obvious…
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…
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…
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…