Tag: IPAB

The Tribunals Reforms (Rationalization and Conditions of Service) Bill, 2021- A Systematic Ban on IPAB

Introduction India might be one of the leading countries in the world in terms of the backlog of court cases. Even after some of the best efforts made by the government to improve the situation, it is still like a merry-go-round. One such effort was the system of tribalization which was meant to reduce the … Continue reading The Tribunals Reforms (Rationalization and Conditions of Service) Bill, 2021- A Systematic Ban on IPAB

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Appointment of Chairman of the Intellectual Property Appellate Board

IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. … Continue reading Appointment of Chairman of the Intellectual Property Appellate Board

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Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

This article is related to a recent judgment of the Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.” Brief Facts: On 11th March 2009, the trademark registry refused the opposition of the E.I.DU Pont De Nemours & Company (appellant … Continue reading Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

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Indian Patent office rejects Patent claim over Abraxane

In a major setback, the Indian Patent Office denied a patent to an anti-cancer drug Abraxane manufactured by US-Based Abraxis BioSciences. Here we will discuss the decision given by IPO at the backdrop of the arguments advanced by the respective parties. Background In a brief, Patent application no. 2899/DELNP/2005 filed by Abraxis Biosciences was earlier … Continue reading Indian Patent office rejects Patent claim over Abraxane

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

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IPAB strengthening the Principles of Natural Justice

This article relates to a judgment of the Intellectual Property Appellate Board (hereinafter IPAB) dated 20th January 2014 in the case “Abraxis BioScience LLC USA Vs Union of India” for a patent application no. 2899/DELNP/2005. The said patent application was rejected by the Indian patent office. Thus being aggrieved by the rejection of the patent … Continue reading IPAB strengthening the Principles of Natural Justice

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Applicability of the principle “Proof of the right” to Conventional application

This article relates to a recent judgment of IPAB in the case “NTT DoCoMo Inc. Vs The Controller of Patents and Designs” for a patent application No. 794/CHE/2006 which was refused to proceed further by the Indian patent office. A brief summary of the case In summary, the application relates to “TRANSMISSION RATE CONTROL METHOD … Continue reading Applicability of the principle “Proof of the right” to Conventional application

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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

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Cadbury Loses Trade Mark Battle

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

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Examination Guidelines/Standards – Indian Patent Office

This article relates to a recent judgment of IPAB for a patent application 2254/DELNP/2005 which was refused to proceed further by the Indian patent office. The judgment illustrates the mode in which decisions are established by the patent office during the examination/prosecution phase. Brief summary of the case The patent application relates to “A New … Continue reading Examination Guidelines/Standards – Indian Patent Office

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