University Patents – Can your project work be patented?

There’s a rather common meme that was doing the rounds on social media which stated that “India is a country where we first become an “Engineer” and then think of what we really want to become” The number of people who identified with the statement was staggering and it’s not too hard to imagine. With medicine and engineering the top two things Indian parents want their kids to study (gotta be thankful to my folks who let me study law) it’s not hard to believe. The All India Council for…

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Section 3(d) of the Indian Patent Act – Taking a blow at the WTO?

Section 3(d) of the Indian Patent Act, 1970 has been under the gun ever since it was introduced to the Act through an amendment in 2005. Foreign pharmaceutical companies have time and again failed to establish that the letter of this provision violates the TRIPS, and have, recently, in an aggressive move, tried to attack its validity by stating that the spirit of the section is not in compliance with the TRIPS. This move, which could hamper India’s pharmaceutical Industry, was effected by the…

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MSD – Glenmark patent row – Court granted injunction against Glenmark

Close to two years after Merck filed a suit for injunction against Glenmark and after a quite a struggle, MSD has finally been granted an injunction and Glenmark has been restrained from making and marketing its versions of the drug. The Delhi High Court laid down a detailed analyses of the facts and came to the conclusion that the Glenmark had infringed MSD’s patented drug.

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Cricket and Patents – These inventions will bowl you over!

Cricket has always been one of the most followed and loved sport in India. Statistics suggest that when India plays a big game, there are around 400 million watching the match on television. Indians love cricket, be it the IPL, T20, test match or the traditional 50 over match! With just 5 days to go for the World Cup Final, the excitement is building up and fans across the world are eagerly waiting to know who the champion will be!

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Can food recipes be protected under intellectual property?

Ever wanted to know the recipe for your favourite dish in a restaurant? Or wished that you could make Pringles at home? They wouldn’t be special or in demand anymore if you could do make it by yourself! This got me thinking on the best ways to protect food recipes and prompted me to write this article.

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Of Companies, Directors and Ownership of Patents

The Bombay High Court recently decided on the issue of ownership of patents. The suit was filed by a minority shareholder against the company, its managing director and other directors because the patents devised using the R & D of the company was in the name of the director and not the company itself. At the outset, it seemed like a straight-forward case, however on reading the judgment, it was interesting to see how the Court took into consideration a number of other factors (which would…

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The Curious Case of two Copied Patents and the Novelty of Transparency

The Calcutta High Court, in November had the opportunity to deal with a rather interesting patent dispute where one person tried invalidating a patent which was identical to his; when both of their patents seemed to be copied from a US Patent!

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