2019 – IPaatEntiti

October 27, 2019

Delhi HC ruled in favour of “MakeMyTrip”- Temporary ad-interim injunction continues

MAKE MY TRIP (INDIA) PRIVATE LIMITED (hereinafter Plaintiff) sought permanent injunction restraining MAKE MY TRAVEL (INDIA) PRIVATE LIMITED (hereinafter Defendant) from adopting and using the trade mark/trade name ‘Make My Travel’ (word per se), MMT (letter mark) and the tag line ‘Dreams Unlimited’ and MakeMyTravel Logo. Plaintiff submitted that the infringement and passing off of Plaintiff‟s marks is proved by […]

October 23, 2019

DPIIT Launches Website and Mobile App for IPR

As the Department for promotion of industry and Internal trade (DPIIT) launches a website and mobile app for Intellectual property right, I am but reminded of the quote by Victor Hugo “There is only one thing stronger than all the armies of the world: and that is an idea whose time has come.” I do believe the time has come […]

September 29, 2019

The Patents (Amendment) Rules, 2019

Government of India issued a Notification on September 17, 2019 making rules further to amend the Patents Rules, 2003. The major amendments are as follows: There is good news for Patent Applicants who wish to get their patent granted soon, as the categories who can file Request for Expedited Examination in Form 18A along with the prescribed fees has the […]

September 20, 2019

New IPR Policy for Academic Institutions on the anvil

“The patent system added the fuel of interest to the fire of genius, in the discovery and production of new and useful things.”-Abraham Lincoln. No one can refute the words of Abraham Lincoln more so today, as we live in the knowledge era. Therefore, it has become imperative to enhance creativity, innovation and competitiveness by harnessing the IP of individuals, institutions, industry and the […]

September 20, 2019

Government of India initiative to boost Intellectual Property Rights

To nurture innovation and creativity in a knowledge economy, Indian Government has reduced the official fees for filing of patent application, requesting for normal or expedited examination and for renewing the granted patents to the tune of 60 to 68 percent especially for MSMEs who play a key role in the economic growth of India. The fee reduction has also […]

September 9, 2019

Burden of Proof in case of Process Patent

Judgement Date: Aug 14, 2019 Shogun Organics Limited (the plaintiff), has filed the present suit seeking a permanent injunction restraining infringement of its Patent IN-236630 (IN‘630) against Defendants (Solex Chemicals Pvt. Ltd, Director of the Solex, Orachem Pvt. Ltd (Trading partner of Solex), Manaksia Ltd, and Endura SPA. The IN’630 patent relates to a “Process for manufacturing D-trans Allethrin”. Allethrin […]

September 2, 2019

Hindustan Zinc receives its first European patent

The patent EP3192882 granted in July 31, 2019 discloses method of production of Potassium Antimony Tartrate (PAT) by utlizing waste products bearing antimony. Potassium Antimony Tartrate (PAT) is consumed by Zinc hydro smelters for purification of Zinc Sulphate solution to produce Zinc metal. The USA and India equivalents of this patent are under processing. The patented process has been commercialized and is running successfully at […]

September 2, 2019

Patent infringement actions are maintainable only in respect of granted and live patents

On Aug. 20, 2019, High Court of Delhi Passed order that “Patent infringement actions are maintainable only in respect of granted and live patents.” Plaintiff: Novartis AG & ANR. . Defendant: Natco Pharma Ltd. The suit concerns the Plaintiff’s patent number IN 276026 titled ‘Novel Pyrimidine Compounds and Compositions as Protein Kinase Inhibitors” relating Ceritinib drug for treating non-small cell […]

August 12, 2019

Patentability of Microorganisms in India

The Indian Patent Act, Section 3(j) states that plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals are not patentable which indicates that the microorganisms are not under the purview of the subject matter of non-patentable inventions. India has […]

August 4, 2019

Expedited Examination Procedure in Indian Patent System

The Expedited Examination was introduced in the Patent Amendment Rules of 2016. After rule 24B, the new rule of 24C has been inserted which deals with the procedure of Expedited Examination. According to Rule 24 C. An applicant may file a request for expedited examination in Form 18A along with the fee of rupees eight thousand for individuals and startup, […]

Year: 2019

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