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Divisional applications - EPO announces changes

2 December, 2013 Amendments to Rules 36, 38, and 135 of European Patent Convention (EPC) are set to come into effect from 1-4-2014.  It will enable the filing of divisional applications before EPO as long as the earlier (parent) application is pending. The new provisions will apply to divisional applications filed on or after 1-4-2014. Currently there is a twenty-four month time limit for fil...

Trademarks – Use not proved by registration alone

2 December, 2013 Intellectual Property Appellate Board (India) has allowed rectification application of a confectionary major in respect of various trademarks of another major, concerning word ‘Eclairs’. In respect of three applications, the Board, noting that the respondents had filed only registration certificates obtained in various countries, held that just registration alone will not hel...

Novel claim without technical contribution – patentability not satisfied

24 September, 2013 The  High Court of Justice, England has declined to interfere in the case pertaining to denial of patent to a claim envisaging two computers connected via the internet where the software moves data from one computer to another using a conventional email technique. It was contended that the invention is a better way of retrieving data from a remote station by using e-mail to...

Copyright - Common law remedy cannot override specific statute

24 September, 2013 Examining the claim to protection of quasi-property rights in (match related) information as against the rights envisaged in Section 16 of the Copyright Act of 1957, the Division Bench of the Delhi High Court held that there are no proprietary rights over facts and information and cannot be created by judicial intervention.   The dispute revolved around cricket match - l...

IPAB has power to review own orders

24 July 2013 The Intellectual Property Appellate Board (IPAB) has held that it has the power to review its own orders. It was noted that if the litigant had the right of review before the High Court either in appeal or in application, when the appeals were transferred to the IPAB, it cannot be taken away by the Board. It was noted that for the purpose of dispute resolving power and procedure,...

IPAB has power to grant interim stay

23 July, 2013 A Larger Bench of the Intellectual Property Appellate Board (IPAB) has held that it has power to grant interim stay. It observed that if it were to hold that IPAB has no power to entertain any interim application or to pass orders thereon, it would result in collapse of the purpose for which the Board was created. It held that IPAB has the power but shall not exercise it arbitra...

Discovery of naturally occurring DNA not patentable

24th June, 2013 The United States Supreme Court has held that naturally occurring DNA, isolated from the rest of the human genome is not patentable but synthetically created DNA or cDNA (complimentary DNA) can be patented. Isolation of genes to create cDNA The patentee discovered the precise location and sequence of BRCA1 and BRCA2 genes, and developed medical tests to detect mutation in...

Madrid Protocol – Indian accession comes into effect from 8th July

21st June, 2013 India, on 8th April 8, 2013, acceded to the protocol relating to the Madrid Agreement concerning International Registration of Trade Marks, known as Madrid Protocol, by depositing its instrument of accession with the World Intellectual Property Organization (WIPO). The Madrid Protocol comes into force, with respect to India, on 8th July, 2013 as per Information Notice No. 15/2...

Passing off in designs and infringement by registered design holder

27th May, 2013 A Larger Bench of Delhi High Court has, on 15th May, 2013, held by majority that a holder of a registered design can institute an action for passing off and that he can institute a suit against  a person who is also in possession of a registered design. The dissenting opinion records that the rights and remedies under Designs Act, 2000 (the Designs Act) are statutory in nature ...

Patent exhaustion does not apply to reproductions

The US Supreme Court has held that patent exhaustion does not permit a farmer to reproduce patent­ed seeds through planting and harvesting without the patent holder’s permission. In the instant case, the farmer had bought soyabean seeds (not meant for planting) and used them for cropping eight times. As per the terms of the license, he was not allowed to raise more than one crop from the geneti...

Mere viewing of content on computer screen cannot be infringement

9th May, 2013 Infringement due to creation of transient or temporary copies being made in course of transmission though legal by itself has been debated time and again. The latest in this series is Public Relations Consultants Association Limited  v The Newspaper Licensing Agency Limited and others, in the Supreme Court of UK.  Overturning the decision of the lower courts which found infrin...

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