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 […]
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 the USA. The facts of the case are as follows: In 1997, a student named Supap Kirtsaeng, […]
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 at any time either before or after the grant of the main application for an […]
Trade Mark Parody- An analysis of Tata Sons v. Greenpeace
Trade Mark Parody is a defense to Trade Mark infringement. There should be no likelihood of confusion between the original host work and the parody work, as the parody will not be taken in a serious manner. It must be cleverly portrayed so as to show itself as a humorous take on the original work. […]
IIPRD Offers 6 months Online Certificate Course
IIPRD (Institute of Intellectual Property Research and Development) offers a Six Months Certificate Course on “Patent Portfolio Creation & Management”, which is continually ongoing since 2009 and has successfully enrolled over 300 students in the last 3 years. The course is an online distance learning course, making it especially very effective for working professionals, who […]
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 […]
Infringement of comic characters- Comic con?
Graphical characters are commercialized in the form of cartoons, posters, food products or merchandises like toys and clothes, to name a few. The profits garnered would depend on the popularity of the brand that the graphical character represents. Exploitation of the graphical character can take place if it is not legally protected. Intellectual property and […]
Three Day International Symposium On Strategies for Managing Pharmaceutical, Biotechnology & Chemical Patent Portfolios
IIPRD (Institute of Intellectual Property Research & Development) is happy to announce its International Symposium on Strategies for Managing Pharmaceutical, Biotechnology & Chemical Patent Portfolios. Presentation of all-important patent issues such as identification of potential inventions, Biosimilar Legislation, preparation of claim sets, prosecution and examination practices, drafting of responses of Office Actions, ANDA Litigation, and […]
Setback for Force India
It seems like all is not well in the kingdom of the King of Good Times. Vijay Mallya, who is already facing a host of financial difficulties, with his airlines accumulating losses and statutory authorities putting pressure on the management to pay up the liabilities, has received yet another jolt. His F-1 team Force India […]
E-Filing of Trade Mark Application and Related Documents with Indian Trade Marks Registry to be made mandatory
Indian Trade Marks Registry has on 03rd November 2011, published on their website Gazette Notification dated October 13, 2011, which states that after the expiry of forty-five days from the date (which falls on 18 Dec 2011) on which this notification is published, the e-filing of trademarks applications and related documents will be made mandatory […]