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Similar marks on Pharma products – Confusion less likely

22 December, 2014 A question arose as to whether the mark MOMARID to be registered for pharmaceutical and veterinary preparations is likely to cause confusion with an existing mark LONARID for pharmaceutical and sanitary preparations. The General Court relying on various case laws opined that medicines, whether or not issued on prescription, can be regarded as receiving a heightened degree of...

USPTO issues interim guidance on patentable subject matter

22 December, 2014 The United States Patent and Trademark Office (USPTO) issued the 2014 Interim Guidance on Patent Subject Matter Eligibility on 16-12-2014 and it will be open for comments from the public till March 16, 2015. It had issued Preliminary Instructions in June 2014 which are now superseded. The Interim Guidance sets out the Office’s interpretation of the subject matter eligibili...

Royalty payments for use of patents post-expiry

22 December, 2014 The Supreme Court of United States on 12-12-2014,  granted Certiorari and will decide on the question of whether it should overrule Brulotte v. Thys Co., 379 U.S. 29 (1964), which held that a license agreement requiring royalty payments for use of a patented invention after the expiration of the patent term is unlawful per se. The petitioners negotiated a settlement with a...

Trademark – Delay in action against alleged passing off is fatal

20 October, 2014 A proprietor of the trade mark who knowingly watches his competitor grow in the market and takes no action can claim no exclusivity in his own trade mark. Bombay High Court by its order dated 7-10-2014, while holding so noted that against the defendant’s reply to the plaintiff’s first cease and desist notice wherein the defendant did not merely dispute the plaintiff’s content...

Patent application when not deemed as abandoned

20 October, 2014 Delhi High Court has held that where the applicant of the patent application had responded to the first as well as the second examination report, the application cannot be stated to be abandoned. Relying on earlier ruling of the court in the case of Telefonaktiebolaget, it was held that application can be stated to be abandoned only in cases where the applicant fails and negl...

Amendment to trademark application is quasi-judicial function

20 October, 2014 Examining whether the function of the Registrar of Trademarks while deciding on amendments to application for trademark is purely administrative or quasi-judicial, the High Court of Delhi held that powers vested in the Registrar by Section 22 of the Trade Marks Act, 1999 were quasi-judicial. The court therefore struck down Clause No. 3 of the Office Order No.16 of 2012-2013 d...

CJEU rules on necessity for originality in a parody

5 September, 2014 Exception for use of copyrighted material in parody is the flavour of the season in UK. Since the recommendation in Hargreaves review in 2011, statutory protection for use in parody has been taken up and is likely to come into effect later this year. What is parody and when does it cease to be fair use are intriguing questions and could yield as many answers are there are fa...

UK High Court on whether an airship is obviously a toy

5 September, 2014 Novelty in design and novelty in arguments don’t always translate into the desired results in the IP world. Fresh from very engrossing Kiddie trunk cases, the UK High Court [(2014) EWHC 2845 (IPEC)] recently examined buoyant flying toys shaped like fish. Both parties devised and sold toys. The defendant sought to prove that the claimant’s patents were invalid. The particular...

Trademark – Assignment not registered before dissolution of assignee-company deemed as removed

22 August, 2014 Assignment of trademark should be registered within a reasonable period and if the trademark is not so registered before dissolution of the assignor company, the mark is deemed to have been removed or rectified from the Registry of Trademarks. Holding thus, while allowing the rectification application in respect of mark US PRO, the Intellectual Property Appellate Board, placin...

Pharma patent applications – IPO issues draft examination guidelines

22 August, 2014 The Indian Patent Office released the ‘Revised Draft Guidelines for Examination of Patent Applications in the Field of Pharmaceuticals’ on 12th August, 2014. Comments and suggestions can be sent before 2nd September, 2014. The draft guidelines discuss the approach to determine ‘invention’, ‘inventive step’ and ‘industrial application’ besides Section 3 on non-patentable invent...

Green dot inside a square symbolizing vegetarian food cannot be copyrighted

22 August, 2014 Allahabad High Court has quashed the order granting injunction restraining the defendants-appellants (Apex Laboratories Pvt. Ltd.) from using the “green dot” on the label of the packaging of its product “Zincovit Syrup”. The court in this regard held that green dot inside a square outlined by green colour is a symbol for which copyright cannot be claimed by anybody as the symb...

Registration under Section 33(3) of Copyright Act essential to administer license

28 July, 2014 The Bombay High Court on 26-6-2014  has held that only a society registered under Section 33(3) of the Copyright Act, 1957 (amended in 1994), can carry on the business of issuing and granting licenses. The plaintiffs (Leopold Café) had been served notices in respect of certain ‘public performance’ of copyrighted material by the defendant (Novex Communications). The plaintiffs...

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