A plaintiff would be entitled to rely on the grant of a patent as prima facie proof of validity, but the defendant would only be required to demonstrate (through scientific literature, expert evidence, etc.)
IPR Amicus of December 2015 covers an article on Divisional Applications for patents. It is opined that there is no settled jurisprudence that a divisional application can be filed only based on the invention claimed in the parent application.
IPR Amicus, November, 2015 covers an article ‘Slogans - An issue of descriptiveness’. This article discusses about the difficulty in getting trademark protection for slogans as it is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature.
Article in this October 2015 issue of the IPR Amicus discusses recent Delhi High Court Judgement granting permanent injunction in the case involving patented diabetics drug.
IPR Amicus, September, 2015 covers an article titled ‘Software inventions - Examining patentability’. This article discuss about recently issued version of the Guidelines by Indian Patent Office for Examination of Computer Related Inventions. Ratio Decidendi secti
IPR Amicus, August, 2015 covers an article titled ‘Make in India meets the Biological Diversity Act’. This article explains about the nation-wide initiative of the Government of India launched in September 2014. It also analyses the importance of having harmonization among the wo
IPR Amicus, July, 2015 covers an article on ‘Separation of rights under copyright & design laws’. This article explains that protection available to artistic work under Designs Act and Copyrights Act are different, and considering the inherent overlapping, one should opt carefully for
The article in IPR Amicus, June, 2015 on law of disparagement, comparative advertising and acceptable competitive behaviour as regards trademark discusses the meaning of disparagement and the extent to which the comparing is allowed in advertising of products keeping in mind the fairness
The Article Section of IPR Amicus, May, 2015 discusses the initiative of government in promoting the Digital India project and issues like copyright, use of Open Source Software (OSS) and underlines the need for the cohesive policy platform to realize the dream of Digital India. R
The Article section of IPR Amicus April, 2015 contains a discussion on the Central Government guidelines for implementation of International Treaty on plant genetic resources under Multi Lateral System for food and agriculture. The Ratio Decidendi section covers the Delhi