Category: IP Litigation

ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear. A city based journalist and social activist, Dr. Subash … Continue reading ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

Read more »

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

Read more »

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 Patent Act, 1970.  Introduction: The dispute was regarding of 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

Read more »

Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

In a positive development for US drug giant Pfizer, the country’s Intellectual Property Appellate Board (IPAB) has issued an interim stay on an order stated by the Indian Patent Office removing a patent of Pfizer, for its extended release drug Tolterodine (Detrol), which is used for treating old age patients who suffer from frequent urination. … Continue reading Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

Read more »

Understanding ITC Litigation (Section 337 Cases)

Having seen regular and growing number of queries from Indian Companies on U.S. International Trade Commission (ITC) cases in the US (primarily companies having domestic market in the US), this is a brief attempt to give clarity on jurisdiction that ITC provides, types of cases handled, advantages/disadvantages of the ITC routes, among few other characteristics … Continue reading Understanding ITC Litigation (Section 337 Cases)

Read more »

IPAB: Nature of Jurisdiction, Power and Authority

Akash Patel, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the nature of jurisdiction at the IPAB, its power and authority. In a judgment dated July 08, 2013, a larger bench of Intellectual Property Appellate Board (hereinafter read as IPAB) had decided on two important issues, one relating to IPAB’s power … Continue reading IPAB: Nature of Jurisdiction, Power and Authority

Read more »

Central Government’s power of Revocation of Patent in Public Interest

Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, looks at Central Government’s power of Revocation of Patent in Public Interest. The Indian Patent Act,1970(hereinafter Act) empowers the Central Government to revoke any patent granted by the Indian Patent Office if it feels that the said patent is prejudicial to public … Continue reading Central Government’s power of Revocation of Patent in Public Interest

Read more »

Cadbury Loses Trade Mark Battle

  31st October, 2013 was a dooms day for Cadbury when it lost 4 of its éclair related trademarks on the basis of rectification petitions made by ITC. S. Usha, the Vice-Chairperson of the Intellectual Property Appellate Board (IPAB), ordered with a direction to the Registrar of Trade Marks to remove the trade marks registered under … Continue reading Cadbury Loses Trade Mark Battle

Read more »

Anti Dilution Protection of Trade Mark: Bloomberg Case

The era of globalisation and internationalisation of trade and commerce has developed certain complex socio legal issues with regard to well known Trade Marks. Trade Marks are territorial in nature, but in the light of globalisation and internationalisation there is need to protect well known trade marks against their dilution beyond geographical limits. A trade … Continue reading Anti Dilution Protection of Trade Mark: Bloomberg Case

Read more »

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 be an act of infringement??? For centuries, farmers have saved seeds from season to season … Continue reading The Drift of Genetically Engineered Seeds

Read more »