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March 2018

IPR Amicus: December 2017

by Shravan S. Acharya Prosenjit Chattopadhyay

Scope of Section 3(h) of the Patents Act, 1970 - An analysis

Section 3(h) of the Patents Act, 1970 mandates “a method of agriculture or horticulture” as non-patentable subject matter. The understanding of the scope of this Section has led to inconsistencies associated with IPO decisions and the lack of clarity has affected the agrochemical sector, in particular. According to the article, in this issue of IPR Amicus, though there is indication of the intent of the IPO to permit agrochemical manufacturers to exercise their right, the interpretation is in contradiction to the inclusion of a particular method, as stated in the Manual of Patent Office Practice in the list of non-patentable inventions. Considering various other diverse practices being followed, the author is of the view that a clear directive from the IPO or a definitive interpretation of the scope of Section 3(h) by a judicial forum would be beneficial.

 

Ratio decidendi

  • Trademark – Prefix ‘BOOKMY’ descriptive in nature for online booking services – Delhi High Court
  • Business in ‘own’ name allowed, if there is no act to cause confusion with the business of another – Delhi High Court
  • Trademarks Act not contemplates permission of civil court to override other provisions for filing of rectification application – Supreme Court
  • Copyright of producer in cinematograph film includes dubbing rights but right in script remains with author in absence of specific assignment – Madras High Court

 

News Nuggets

 

  • Australia set to usher in changes in IP laws - Some major amendments proposed include discontinuing grant of innovation patents and inclusion of a clause in respect of international exhaustion of trademark

 

December, 2017/Issue-77 December, 2017/Issue-77

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