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Rights of author in literary work and producer of cinematograph film - Scope in context of “dubbing” and “remake”


By Vindhya S.Mani

In one of the first decisions of its kind, the Division Bench of the Hon’ble Madras High Court in the case of Thiagarajan Kumararaja v. Capital Film Works (India) Pvt. Ltd. & Anr.[See Endnote. 1]  firstly held that “dubbing” of a cinematograph film does not constitute t...

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...

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...

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...

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...

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...

Guidelines for patentability of computer related inventions – Is this the final chapter?


By Prashant Phillips
 
Introduction

The Patent Office has released another revised version of Guidelines for Examination of Computer Related Inventions (CRIs). The revised version thus modifies the Guidelines which were published in February 2016.

Patentability of computer-related invent...

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 (...

No copyright protection in drawings used on large scale without design registration


By Aditya Kaushik

A Single Judge of the Delhi High Court, in April 2017, dealt with the concept of copyright protection in designs in the case of Holland L.P. & Anr. v. A.D. Electro Stell Co.Pvt. Ltd [see end note 1]. This is a suit where plaintiffs (Holland L.P. & their Indian licensee) alleged infringemen...

Assessing ‘Likelihood of Misrepresentation’ in matters of passing off


By Vindhya.S.Mani

Indian Courts have predominantly applied the test, termed as the ‘Classical Trinity factors’ as set out in the landmark House of Lords decision in Reckitt & Colman Products Ltd v Borden Inc. [1990] 1 All ER 873, to determine whether a defendant was passing off his goods as that of the plaintiff&...

Design infringement - Liability of intermediary & Information Technology Act


By Godhuli Nanda

The term ‘intermediary’ in legal terminology and as per the Information Technology Act, 2000 means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, internet service providers, online-auction...

Trademarks - Well-known mark associated solely with the proprietor


By Tulika Pandey

In December, the Delhi High Court granted permanent injunction in favour of Mother Dairy (the Plaintiff) in Mother Dairy Fruit and Vegetable versus S.K. Rahee [see end note 1]. Mother Dairy instituted a suit in 2010 against S.K.Raheem pleading that use of  the logo mark “VINAY MILK” amounts to t...

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