― Friday, 12th June 2020 Availing Patent Benefits – A ‘Status’ Check!
Every patent office provides certain benefits to Patent Applicants if they meet certain criteria (with respect to entity size, gross income and others). These benefits may be patent fee discounts or speedy examination processes.
This article touches upon the benefits extended by IPO, USPTO and EPO to entities based on their status.
― Wednesday, 27th May 2020 Not an Equal world for AI - No Inventorship for them!
With Artificial intelligence (AI) replacing humans in myriad sectors and operational aspects, it is not surprising that AI is able to concoct its own inventions. AI-generated inventions are (and may become) the norm, however, awarding inventorship to AI under the current patent system is far-fetched. So, is it justifiable denying patent rights to the actual inventor for inventions created by AI or does the patent system merely operate on the fact that AI is a machinewith no capability to exercise legal rights even if given any, and therefore unfit to hold inventorship for its creations.
― Wednesday, 27th May 2020 First Filing in India: A Requirement or a Choice?
Indian resident inventors may decide to file patent applications in multiple countries including India or entirely disregard India and go international! This may be due to weak market strength/poor demand for the product/invention in the country.
As per Indian Patents Act, it is mandatory to obtain an Foreign Filing License (FFL) if an Indian resident inventor decides to first file in a foreign country bypassing Indian Patent Office(IPO) . As per the rules, within 21 days of requesting for an FFL, the IPO, usually, either issues the FFL certificate or rejects the FFL request.
Another option is to first file in India and then wait for a cooling-off period (six weeks!) before attempting to file in a foreign country. In this case, an FFL is not required.
― Friday, 22nd May 2020 The Missing Link - IT Act and IPR Laws
Cyber laws are defined under the Information Technology (IT) Act of 2000 encompassing legal and regulatory aspects of the internet and the world wide web. However, certain entities/intermediaries such as e-commerce websites, search engines, and data aggregators sometimes come under scrutiny for violation of IPR laws when seen under the light of IT Act. Hence, protection to intermediaries from liability, arising out of content posted by users, needs be addressed by creating nexus between IT Act and IPR laws.
― Wednesday, 20th May 2020 Keeping an Eye on India - USA’s IP Priority Watch List
India has been grappling with big IP giants such as the US to establish its stance on the IP front. Owing to a fallible IP regime, India has yet again come under the US’s Priority Watch List and is required to meet certain expectations of the US in terms of trade and other IPR related policies. However, the question still remains whether India, being a sovereign nation, should let itself be subdued by the US or have its own say in IP matters concerning the nation.
― Wednesday, 1st February 2023 Delhi HC passes ex parte injunction in favour of Glenmark in ‘TELMA / TELMA-AM’ counterfeiting claim
Delhi High Court passed an ex parte injunction in the matter of Glenmark
Pharmaceuticals vs Sanjeevni Medicos And Or against the defendant and
restrained them from manufacturing, marketing, selling, and advertising
medicinal and pharmaceutical preparations under Glenmark’s trade mark – ‘TELMA’
and ‘TELMA-AM’ and any other mark deceptively similar to the same. The
injunction was granted to prevent confusion or deception amounting to
infringement or passing off of Glenmark’s trademark registrations.
― Wednesday, 1st February 2023 Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness
another spicy development, the marks
“SCHEZWAN CHUTNEY” and “SZECHUAN CHUTNEY” were held as descriptive and
bereft of secondary meaning by a single Judge bench of the Delhi High Court,
only to be later declared to have acquired “secondary significance” by the Division
― Wednesday, 1st February 2023 Astellas US LLC v. Hospira, Inc.
sued Hospira alleging that Hospira’s ANDA to market Form G regadenoson
infringed three patents covering Form A regadenoson, a monohydrate form of
regadenoson used to increase blood flow to mimic a cardiac stress test.
Astellas alleged that a third party inadvertently creates Form A regadenoson
during production of an intermediate product that Hospira then incorporates
into its final ANDA product.
― Tuesday, 31st January 2023 Deckers Says Walmart Copied Ugg, Hoka and Teva Designs in New Lawsuit
filed a lawsuit against Walmart on Wednesday, claiming the retailer infringed
on designs for its Ugg, Hoka and Teva brands. According to the suit, filed in a
California court, Walmart is selling lookalikes of Deckers’ Ugg Classic Ultra
Mini, the Ugg Oh Yeah slide, the Hoka Ora Recovery slide, the Teva Hurricane
Drift sandal and the Teva Original Universal sandal in the 90’s multi colorway.
Walmart introduced these similar products to the marketplace “in an effort to
exploit Deckers’ goodwill and the reputation” of its brands, the complaint
― Tuesday, 31st January 2023 Abion, Gencurix embroiled in trade secret infringement lawsuit in US
Two Kosdaq-listed companies,
Avion and Gencurix, have been accused of violating trade secrets on cancer
diagnosis-related technology in the United States. According to industry
sources on Monday, trade secrets infringement lawsuits against Avion and
Zencurix are currently underway in U.S. courts. The lawsuit was filed by Ocimum
Biosolutions, an Indian-based genome-related CRO/CDO and consulting firm.