Blog

No Exclusive Trademark Rights to Lord Krishna’s name: Delhi High Court

Delhi High Court’s Division Bench recently upheld the Single Judge Bench Judgment declining the claim of the Appellant, Bhole Baba Milk Food Industries Ltd. (a diary products manufacturer) of exclusive right over the use of word ‘Krishna’ for dairy products. The Appellant has obtained registration of the mark “KRISHNA” having pictorial reflection of Lord Krishna … Continue reading No Exclusive Trademark Rights to Lord Krishna’s name: Delhi High Court

Read more »

“Should there be a single global institution with exclusive competence to conduct international negotiations on intellectual property rights? If so, should this be WIPO, the WTO or some other body?”

INTRODUCTION For harmonising IPRs at international level, providing common forum for negotiation and resolving disputes between members state we need single global institution. Earlier WIPO was the main forum for international negotiations of IPR and then WTO implemented TRIPs agreement came and become main forum replacing WIPO. Both these institutions working method is different, and … Continue reading “Should there be a single global institution with exclusive competence to conduct international negotiations on intellectual property rights? If so, should this be WIPO, the WTO or some other body?”

Read more »

AK 47 needs Copyright to fire?

Who would imagine that AK 47 might need copyright protection? Yes!! You Read it right!! None other than Mikhail Kalashnikov, the inventor of the AK-47 rifle had threatened India for a copyright violation. Story goes way back in 2000 when, an Indian ordnance factory had developed a replica of the AK-47, and put it on … Continue reading AK 47 needs Copyright to fire?

Read more »

Recent Change in America Invents Act

Congress passed the America Invents Act that makes major changes to the existing U.S. patent system.  President Obama signed the Act into law on September 16, 2011.  What does this mean for Indian Inventors and Research corporates who already filed Patents already or want to get a new patent file in US? The first impact is … Continue reading Recent Change in America Invents Act

Read more »

Patent laws on Genes and Gene Sequences

Advancement in science and genetic application, with enhanced knowledge of Human Genome has been the main focus in the field of medicine and biotechnology areas. Continuous and ongoing researches in genome project, identifying specific target genes and their respective response and functional activities, have evolved genetic therapeutics in treatment of multifactor disorders such as heart … Continue reading Patent laws on Genes and Gene Sequences

Read more »

ESPN SOFTWARE INDIA FILES FIR AGAINST VARNAM CABLE NETWORK (KERALA)

ESPN Software India, the sole licensee of TV channels ESPN, Star Sports and Star Cricket in India, has filed an FIR against Mr. Pradeep.P, representing Varnam Cable Network (a franchise of Asianet Satellite communications Ltd.) in Konni, Kerala under the Indian Copyright Act 1957. The cable network was alleged to be illegally broadcasting unauthorised feeds … Continue reading ESPN SOFTWARE INDIA FILES FIR AGAINST VARNAM CABLE NETWORK (KERALA)

Read more »

NATCO FILES INDIA’S FIRST COMPULSORY LICENSING APPLICATION

Natco Pharma has filed India’s first Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the Bayer’s patented drug Sorafenib, marketed by Bayer as Nexavar for treating Kidney and Liver Cancer. Patent on Sorafenib is granted in India on 03.03.2008 having number IN 215758. This will be … Continue reading NATCO FILES INDIA’S FIRST COMPULSORY LICENSING APPLICATION

Read more »

GEOGRAPHICAL INDICATION VS. TRADEMARK

As the title suggests, this article will ride you through interesting judgment given by Division Bench of Kolkata High Court recently in Tea Board, India vs. I.T.C. Limited upholding emphatically the earlier decision of the Single Judge. This is a very interesting decision, not just because it is the upholding of first ever decision given … Continue reading GEOGRAPHICAL INDICATION VS. TRADEMARK

Read more »

Nokia & IPCOM

The claimant, Nokia Corporation, seeks revocation of European Patent (UK) No. 1 841 268 (“the patent” or “268”) which belongs to the defendant IPCom. This action is yet another stage in the litigation which is pending in a number of jurisdictions in relation to the mobile telephony patent portfolio which IPCom purchased from Robert Bosch … Continue reading Nokia & IPCOM

Read more »

Are food recipes patentable in India?

A few days back, one of our clients came to us asking whether his new food recipe, which he claimed to be new, can be patented in India or not. The answer of course is yes, though depending on a number of factors which we discuss hereinafter. Patent Amendment 2005 of the Indian Patent Act … Continue reading Are food recipes patentable in India?

Read more »