For Latest IP Related Updates/News
The United States Patent and Trademark Office (Office) is initiating a Post-Prosecution Pilot Program (P3) to test its impact on enhancing patent practice during the period subsequent to a final rejection and prior to the filing of a notice of appeal. This Pilot Program responds to stakeholder input gathered during public forums held in support of the Enhanced Patent Quality […]
Relaxo Footwears on Saturday said it has reached a settlement with competitor Bata India over the use of trademark ‘SPARX’ in favour of Relaxo Footwears “The company has executed a deed of settlement with Bata India for assignment of trademark ‘SPARX’ in favour of Relaxo Footwears Ltd,” Relaxo Footwears said in a filing to the BSE In 2009, Bata sued Relaxo […]
Introduction The Present case relates to biologic product Amgen’s pegfilgrastim and legal action under Biologics Price Competition and Innovation Act of 2009 (Biologics Act or BPCIA) (BPCIA or Bio-similars Act, which was enacted on March 23, 2010, as a component of the Patient Protection and Affordable Care Act) The Bio-similars Act was designed to create an abbreviated approval pathway for producers of […]
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. […]
In May, Samsung lost a previous appeal, ruling that it did infringe on some of Apple’s design patents from the iPhone models. Samsung appealed a San Jose jury’s August 2012 verdict that it violated Apple’s patent or trademark rights in 23 products, such as the Galaxy S2 smartphone, as well as about $930 million in damages awarded to the iPhone maker During […]
The US Supreme Court issued two important decisions on Apr 24, 2018, both relating to Inter Party Reviews. Inter Partes Review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under section 102 or 103, and only on the basis of […]
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 […]