IPR Articles
Infringement or passing off in use of single colour as trademark
By Prince Bharti and Manoj Gupta
A Single Judge of the Hon’ble Delhi High Court, vide its order dated May 25, 2018 summarily dismissed a suit for trademark infringement and passing off on the ground that no legal cause of action is made out by the Plaintiff as the registered trademark does not qualify to be a tradem...
Dated: Jun 18, 2018
Trends in applying Section 124 after ‘Patel Field Marshal’ judgement
By Sudarshan Singh Shekhawat
Section 124 [see End Note 1] of the Trademarks Act, 1999 (the Act) provides for the possibility of stay of a trademark infringement suit in case there is a challenge to the registered trademark which is the subject matter of the suit. The seemingly simple provision (including its predecessor Section 111 of the old 1958 ...
Dated: Apr 30, 2018
No Copyright in the Title of a Cinematographic Film
By Aditya Kaushik
The Division Bench of the Madras High Court, in February 2018, dealt with the concept of copyright protection of Title of Cinematographic Film in the case of M/s Lyca Productions v. J.Manimaran & Ors. [see Endnote No. 1] Appellant (M/s Lyca Productions) was restrained by an Order dated 19-2-2018 of the Single Judge i...
Dated: Mar 22, 2018
Protection of designs vis-à-vis newness and originality
By Godhuli Nanda
There is required sufficient novelty and originality for a completely new creation to come into existence as a design, and only thereafter would the design be said to be one which is capable of being protected as a design under the Indian Designs Act. It is also pertinent to note that the meaning of the words “novel or ...
Dated: Feb 14, 2018
Scope of Section 3(h) of the Patents Act, 1970 - An analysis
By Dr. Shravan S. Acharya and Dr. Prosenjit Chattopadhyay
Chapter II of the Indian Patents Act, 1970 (hereinafter the “Act”) enlists Inventions not patentable. Section 3(h) of the Act mandates that “a method of agriculture or horticulture” as non-patentable subject matter.
Backg...
Dated: Dec 26, 2017
Section 59 of the Patents Act, 1970 – Scope of amendments
By Aruna Verma
Introduction
Amendments of patent applications may involve amending any portion of either the complete specification, or any information pertaining to such patent application. Such amendments may be made at any time during a life cycle of a patent application. These amendments may be made ei...
Dated: Nov 30, 2017
Kymriah®, a revolutionary drug to induce treatment remission in recalcitrant cancers
By Malathi Lakshmikumaran
In an unprecedented historic action, the US Food and Drug Administration (FDA) and Oncologic Drugs Advisory Committee (ODAC) unanimously approved CTL019 (tisagenlecleucel) or Kymriah®, an investigational chimeric antigen receptor T cell (CAR-T) therapy. Kymriah® has been approved for its use in the treatment of r...
Dated: Oct 27, 2017
Groundless infringement threats
By Aruna Verma
An introduction to Section 106 – Patents Act, 1970
Intellectual Property (IP) rights ensure that innovation is rewarded and encouraged. In recent times, there has been a proliferation of the IP rights, and a single product may be protected by a multitude of ways, suc...
Dated: Sep 26, 2017
Patent refusal for Enzalutamide: An overview
By Dr. Prosenjit Chattopadhyay & Archana Viswanathan
Enzalutamide, marketed by the name ‘Xtandi’, is a prescription medicine for treating men with metastatic castration-resistant prostate cancer [see End Note 1]. Enzalutamide was invented at the University of California, Los Angeles (UCLA). UCLA has patent rights for Enzalutamide in 50 ju...
Dated: Aug 17, 2017
Virtual patent marking and deemed notice
By Sudarshan Singh Shekhawat
One of the defences available to a defendant in a patent infringement suit for avoiding damages, is that he/she was unaware of the existence of the patent(s) alleged to be infringed. This is not available for avoiding injunction. This is enshrined in Section 111(1)[see end note 1] of the Patents Act, 1970 (...
Dated: Jun 13, 2017
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