Tag: india

Monsanto’s Patent on Method of Producing Transgenic Plants refused by IPAB

Monsanto’s Indian patent application 2407/DEL/NP/2006 on transgenic plants with heat/salt/draught tolerant plants is rejected by IPAB.  The subject patent application is directed to a method of producing a draught/stress/heat/salt/drug tolerant transgenic plants by inserting a recombinant DNA molecule that expresses a cold shock protein CspA or CspB. The subject patent application was rejected by the … Continue reading Monsanto’s Patent on Method of Producing Transgenic Plants refused by IPAB

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India Joins Madrid Protocol

India became signatory to the Madrid Protocol for International Registration of Marks at the World Intellectual Property Organisation (WIPO) on 8th April 2013. Now, Indian applications can register their Trade Marks in as many as 89 countries through a single application. India is the 14th G-20 economy to accede to the protocol. The treaty will … Continue reading India Joins Madrid Protocol

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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 … Continue reading Question of claim amendments by patentee in India

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Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

Dr. Vandana Shiva, an Indian Environmental Activist has lent her support to “No Patent on Seeds”, a European coalition, in opposing the European Patent EP1962578 granted to Monsanto in May 2011. The Patent claims a melon variety having resistance to Cucurbit Yellow Stunting Disorder Virus (CYSDV) with virus resistance traits taken from melon varieties found … Continue reading Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

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Practice Pointer Series: Brief on Patenting Diagnostic Methods in India

Patenting of medical methods is prohibited in India according to Section 3 (i) of the Indian Patent Act, which states that “any process for the medicinal, surgical, curative, prophylactic [diagnostic therapeutic] or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase … Continue reading Practice Pointer Series: Brief on Patenting Diagnostic Methods in India

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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 harmonizing IPRs at the international level, providing a common forum for negotiation and resolving disputes between members state we need a single global institution. Earlier WIPO was the main forum for international negotiations of IPR and then WTO implemented the TRIPs agreement came and become the main forum replacing WIPO. Both these institutions’ … 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?

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Inventors – All Technologies Are not Worth Billions

Working in the IP/Technology Commercialization and Out-Licensing domain makes you assess and evaluate the commercial viability of numerous IP backed inventions across technology domains.  Apart from learning about and assessing new technologies, we also tend to learn quite a lot about Inventors’ mindset, specifically about their perspective of their own inventions. This article relates to … Continue reading Inventors – All Technologies Are not Worth Billions

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With newly amended TM rules, will India keep up the pace with other global countries?

The Process of trademark registration in India is very slow is not only time consuming but also sometimes frustrating. Hopes soared high when at the beginning of the year 2010, Trade Marks Registry assured attorneys and applicants that all records of the TM Registry were being digitized and on completion of the digitization process, the … Continue reading With newly amended TM rules, will India keep up the pace with other global countries?

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Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others

The present case had been filed by the plaintiff (Pine Labs Pvt. Ltd) against defenders (Gemalto Terminals Pvt. Ltd & others) for a decree of declaration, perpetual injunction and rendition of accounts. The suit was listed before the High Court of Delhi on 7th October 2009. The injunction was granted by the court restraining the … Continue reading Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others

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Due Diligence Search Strategies…2

This article is in continuation with the blog “Due Diligence Search Strategies for Determining Patentability of Exemplary Indian Patent Applications”  by IIPRD (Please click here to read the blog), an initiative from IIPRD to randomly pick up recently published Indian patent application and try and understand the chances of getting a valid patent. IIPRD made … Continue reading Due Diligence Search Strategies…2

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