The new Patent (Amendment) Rules, 2016 published by Ministry of Commerce and Industry, Government of India came into force with effect from May 16, 2016. Some of the salient features of the New Rules are: Paperless work: The Patent Agents are required to file application only online and physical filing of patent application is dispensed with except for a few […]
The Scheme for Start-Ups Intellectual Property Protection (SIPP) is envisaged to facilitate protection of Patents, Trademarks and Designs of innovative and interested Start-Ups. Any Start-Up certified by the Start-Up Certification Board having an innovative business incorporated or registered in India not prior to five years with annual turnover not exceeding INR 25 crores in any preceding financial year, working towards […]
A division bench (judgement dated 27th Nov 2015) of the Delhi High Court sided with Roche against Indian firm Cipla, upholding the Swiss drug maker’s patent claims on key lung cancer drug erlotinib hydrochloride, branded Tarceva. Cipla’s Erlocip was launched in 2008 it cost around Rs 1,600 per tablet, as compared to Roche’s Tarceva which cost around Rs 4,800 per tablet. […]
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 […]
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 […]
Data from the Indian Controller General of Patents, Designs and Trade Marks shows that a total of 1, 45,060 patents were filed between 2013 and 20 July 2016. Of this, Indian citizens or organizations account for 39,318 while the number is 1, 05,742 for foreign nationals and organisations. Of the 12,442 applications filed in 2016-17, 3,248 are Indian applicants and […]
While India has always been an innovative society, much of the intellectual property (IP) created remains unprotected both on account of lack of awareness and the perception that IP protection is either not required or that the process to obtain it is unnecessarily complicated. The rationale for the National IPR Policy lies in the need to create awareness about the […]
India has decided against giving the compulsory licence for Anglo-Swedish drugmaker AstraZeneca’s key antidiabetes compound Saxagliptin sought by Hyderabad-based Lee Pharma. The Controller of Patents office rejected the application on the grounds that substitutes to the drug are readily available in the market and Lee Pharma’s claim that requirements of public with respect to the patented invention are not being […]