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India
Case law India – patent enforcement during post-grant opposition period
In February 2020 the Single Judge (“SJ”) of the Delhi High Court (“DHC”) passed a decision on the contentious issue of patent enforcement during post-grant opposition period. Section 25(2) of Indian patent law provides one year period from the date of publication of grant of a patent for giving a notice of opposition.
Delhi High Court directed IPAB to hear and dispose of urgent matters
The Intellectual Property Appellate Board (IPAB) was formed in 2003 under the provisions of the Trademarks Act, 1999 to expedite the disposal of trademark appeals and rectification/cancellation cases by an expert tribunal. Subsequently, the jurisdiction of IPAB was extended to the appeals and revocation actions related to patents, copyright, geographical indications and plant variety cases.
India Joins Three Key WIPO International Classification Treaties
India has joined three WIPO treaties designed to ease the search for trademarks and industrial designs, helping brand owners and designers in their efforts to obtain protection for their own work. The accessions underline India’s strong multilateral engagement with the World Intellectual Property Organization, WIPO Director General Francis Gurry said.
Indian Patent Office and National Institute of Industrial Property (Chile) to begin receiving and processing international applications under the PCT in electronic form
The Indian Patent Office and the National Institute of Industrial Property (Chile), in their capacities as receiving Offices, have notified the International Bureau (IB) under PCT Rule 89bis.1(d) that, with effect from 15 November 2014 and 1 January 2015, respectively, they are/will be prepared to receive and process international applications in electronic form. Both Offices accept/will accept international applications […]
Indo-European conference on ICT-related patents
7 November 2014 European Patent Office, Munich Europe and India are important sources of innovation as well as attractive technology markets. However, owners of information and communication technology (ICT) from the two regions are relatively inactive when it comes to protecting their ICT inventions in each other’s markets. In the long term, this lack of […]
Guides for basic assistance to intellectual property rights
These guides are written to provide basic assistance to intellectual property (IP) rights holders and their advisers on the IP protection and enforcement system in the countries concerned. The current batch of guides now includes India . The guides are intended to provide simple guidelines on how rights holders can protect their IP assets and […]
India Is First to Ratify “Marrakesh Treaty” Easing Access to Books for Persons Who Are Visually Impaired
So far, more than 75 WIPO member states have signed the Treaty, which was adopted on June 27, 2013 at a diplomatic conference organized by WIPO and hosted by the Kingdom of Morocco in Marrakesh. The Treaty will take effect after 20 ratifications or accessions are presented to WIPO. India was first after it officially […]
India is on the Priority Watch List in 2014
USTR accentuates on the importance of the constructive cooperation between The United States and India. That is why The US will support India improving IPR protection and enforcement by: “strengthening IP-related discussions between U.S. and Indian government officials; facilitating regular exchanges among IP-intensive industries and both governments; initiating cooperative efforts to combat piracy; and working […]
Unauthorised use of trade mark – How would you remedy it in India?
In Utopia, I believe competition among similar businesses would be healthy and fair. However, in the real world, the Darwinian principle of survival of the fittest applies. We find that some wonderful businesses, with unique and sometimes well-established brands, end up in shambles because their owners did not take the right steps at the right […]
Physical presence of your goods or services is not required to protect your trademark in India
The case of trademark infringement and passing off was filed by EASYGROUP IP LICENSING LIMITED (the plaintiff) in respect of the alleged infringement and passing off by Easyjet Aviation Services Pvt Ltd. (the defendant). The plaintiff is a company offering air travel services primarily in Europe and the United Kingdom. They do not operate or […]
International Pharmaceutical Patent Symposium
The Institute of Intellectual Property Research & Development (IIPRD) with the support of Cantor Colburn, LLP, USA and Fukami Patent Office, Japan and Khurana & Khurana, IP Attorneys, India, presents Two-Days International Symposium On Strategies for Managing Pharmaceutical, Biotechnology & Chemical Patent Portfolios For R & D Scientists and IP Professionals With Focus on: Strategies […]
WIPO Changed the Amounts of the Individual Fee for India
In accordance with Rule 35(2)(d) of the Common Regulations under the Madrid Agreement and Protocol, the Director General of the World Intellectual Property Organization (WIPO) has established the following new amounts, in Swiss francs, of the individual fee that is payable when India is designated in an international application, in a designation subsequent to an […]
Indian Patent Office to Begin Operating as an International Searching and Preliminary Examining Authority
It is recalled that the Indian Patent Office was appointed as International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the PCT at the 36th session of the Assembly of the PCT Union which was held in September 2007 (see PCT Newsletter No. 10/2007, page 2). The Office has notified WIPO that it will commence […]
IPAB clarifies scope of Section 8 of the Indian Patents Act
IPAB clarifies scope of Sec. 8 to cover prosecution history of all countries, including divisional, continuation and continuation in part applications In a series of recent orders on revocation petitions filed by Fresenius Kabi Oncology Limited against drug major GlaxoSmithKline, and Ajanta Pharma Ltd. against Allergan Inc, the Intellectual Property Appellate Board (IPAB), pursued a […]
India Joins the International Trademark System
GENEVA – India’s Minister for Commerce and Industry Anand Sharma deposited his country’s instrument of accession to the Madrid Protocol for the International Registration of Marks at World Intellectual Property Organization (WIPO), bringing the total number of members of the international trademark system to 90. The treaty will enter into force with respect to India […]