Tidbit: Indian Patent Office issues Guidelines on examination of Biotechnology Applications
The Indian Patent Office (IPO) has recently issued another set of guidelines, this time on examination of biotechnology applications. Our earlier write-up on a set of guidelines issued by IPO, for examination of applications relating to traditional knowledge, can be seen from here. The guidelines explain in detail, with illustrative examples, on various facets of […]
Planting one seed at a time: Overview of The Protection of Plant Varieties and Farmers’ Rights Act, 2001
Anoop Mishra, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the first piece of legislation in the world to protect the farmer and recognize his contribution in preserving the biodiversity and develop new plant varieties. In order to comply with its obligations under the TRIPS Agreement, India has implemented The Protection of […]
Trademark Licensing in India
One of the drastic turnarounds caused by the introduction of the new Trade Marks Act, 1999, repealing the old Trade Marks Act, 1958 was broadening the definition of the phrase ‘permitted use’. In the new Act, the use of a registered Trade Mark is now permitted not only by the registered user, but also by […]
Question of claim amendments by patentee in India
We would discuss hereinbelow the various scenarios when the patentee can seek amendment of the specification and claims of his patent. Further, this Article would examine as to when and when not the patent amendment should be allowed during the pendency of patent infringement suit. The Author, in the end, presents a hypothetical case to […]
ESPN Software India File 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 unauthorized feeds […]
ESPN Software India File 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 unauthorized feeds […]
With newly amended Design rules, will India keep up the pace with other global countries?
The Indian Design Act 2001 with some significant changes incorporated in the Amendment Rules, 2008 is serving its purpose well to keep pace with the rapid changes in the technology and international developments. In view of the globalization of the economy, India is becoming a major hub in the field of industrial designs and Indian […]
Enercon India Ltd (EIL) Vs Enercon GMBH (EG)
This article is directed to interested persons who have not been regularly following the Enercon Case, one the few patent litigation battles which have seen the light of day and are setting new standards in decision making on issues relating to formality rejections and obviousness/inventive step issues. This article puts a quick snapshot of what […]
Kurian’s Sudden Exit Surprises the Industry
The Controller General of Patents, Designs, and Trademarks at the Indian Intellectual Property Office Mr. P.H. Kurian has made a sudden and surprising request to exit from his role, a shock to the entire IP fraternity keeping in mind the initiatives and drives he undertook during the leadership. Mr. P.H. Kurian was appointed as the […]
Indian Granted Patends…Enforceable?
The Indian Patent Act, 2005, like for most other geographies, does accord to and follow the disclosure guidelines put forth by the TRIPS and has similar Patentability grounds, especially for non-Pharmaceutical subject matters, in which the contention over 3(d) leads to a different interpretation over efficacy grounds. Furthermore, special provisions such as those provided under […]