IP Litigation | IIPRD - Part 3

Category: IP Litigation

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

July 10, 2014 - 11:16 am Categories: India IP Litigation IP Practice in India News & Updates Trademark Trademark Litigation

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

Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

May 22, 2014 - 10:34 am Categories: India IP Litigation News & Updates Patent Litigation Patents Pharma/Biotech Patent Litigations

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

M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

May 22, 2014 - 8:13 am Categories: India IP Litigation IP Practice in India IPAB IPAB Decisions News & Updates Patents section 64

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

Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

April 19, 2014 - 11:28 am Categories: IP Litigation IP Practice in India IPAB Decisions News & Updates Patent Litigation Patents

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. On … Continue reading Relief for Pfizer as IPAB stays Revocation on Drug Tolterodine

Understanding ITC Litigation (Section 337 Cases)

February 12, 2014 - 5:39 am Categories: IP Litigation News & Updates Trademark Litigation

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

IPAB: Nature of Jurisdiction, Power and Authority

January 2, 2014 - 5:17 am Categories: IP Litigation IP Practice in India IPAB Decisions Patent Litigation Patents

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

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

January 2, 2014 - 3:10 am Categories: IP Litigation IP Practice in India Patent Litigation Patents

Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, look at the 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 … Continue reading Central Government’s power of Revocation of Patent in Public Interest

Cadbury Loses Trade Mark Battle

November 30, 2013 - 6:19 am Categories: IP Litigation Trademark Litigation

31st October 2013 was a doomsday 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 trademarks registered under Nos. 298102, … Continue reading Cadbury Loses Trade Mark Battle

Anti Dilution Protection of Trade Mark: Bloomberg Case

November 12, 2013 - 5:45 am Categories: IP Litigation Trademark Litigation

The era of globalization and internationalization 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 globalization and internationalization, there is a need to protect well-known trademarks against their dilution beyond geographical limits. A trademark is said … Continue reading Anti Dilution Protection of Trade Mark: Bloomberg Case

The Drift of Genetically Engineered Seeds

May 21, 2013 - 6:22 am Categories: IP Litigation News & Updates

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

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