The Delhi high court on September 16, 2016 dismissed the suits by three international publishers against the sale of photocopied books and pages in Delhi University, a landmark verdict likely to have a wide-reaching impact on copyright laws in India. Claiming that “copyright is not a divine right,” Justice Rajiv Sahai Endlaw observed that photocopying material for educational purposes was […]
The revised guidelines for the examination of the patent applications in the domain of computer related inventions (CRI) was recently published by the Indian Patent Office. The notable changes in the modified guidelines are as follows: Section 3(k) of the Indian Patents Act excludes mathematical or business methods, algorithms and computer programs per se from the scope of patentable subject […]
The famous blue-bordered sari of Mother Teresa has been recognised as an Intellectual Property of the Missionaries of Charity. The Trade Marks Registry, Government of India, has granted the registration of the trade mark for that pattern of blue border of sari. The Missionaries of Charity does not believe in publicity and as such it was not publicized, but since unscrupulous […]
The US Supreme Court last month (June 12, 2017) in Sandoz v. Amgen ruled unanimously in favor of generic that biosimilar companies will not have to wait an additional six months after FDA approval to launch their product. The case concern a biologic product filgrastim marketed by Amgen as Neupogen since 1991 and claims to hold patents on methods of […]
The Supreme Court of the United States in SCA Hygiene Prods. Aktiebolag, et al. v. First Quality Baby Prods., LLC, et al. dated March 21, 2017, has held that the equitable defense of laches is no longer a valid defense to patent damages claims brought within the six-year damages limitation period of 35 U.S.C. § 286. Section 286 “Except as otherwise […]
By judgement and order dated Mar. 08 2017, a single judge of the Delhi High court interpreted the Bolar provision in India (section 107 A). Whether the language of section 107 A of the Patent Act, 1970 permits exports from India of the patented invention, even if solely for uses reasonable related to the development and submission of information required […]