Raja Selvam
Indian Patent Office reiterates on biological material deposition before making patent application
In its notification on July 2, 2014, the Indian Patent Office (IPO) forewarns patent applicants the consequences of not depositing a sample of the biological material with an International Depository Authority (IDA). Per the present position of law, a sample of the biological material for which…
Tirunelveli or Irruttukadai Halwa - GI or Trademark
The year 2014 has witnessed a lot of goods entering the family of Geographical Indicators ( GI ). Goods such as Madurai Malli (jasmine), Pattamadai Pai (Pattamadai mat), Nachiarkoil Kuthuvilakku (Nachiarkoil lamp), Toda Embroidery, Thanjavur Veena and Chettinad Kottan (palmyra basketry) have all…
IPAB makes the Indian Patent Office see the importance of doing things right the first time
In a spate of orders recently (see here, here and here), the Intellectual Property Appellate Board (IPAB) has asked the Indian Patent Office (IPO) to consider those matters afresh because the IPO’s orders lacked reasoning. In the matter of India Patent application No.1880/DELNP/2005, the IPO had…
The Tea Board vs ITC Limited – Going overboard with GI
Appellant: The Tea Board, India Respondent: ITC, Limited GI: Darjeeling Tea Decision making Authority: Division Bench of Kolkata High Court Facts: The Tea Board of India holds the famous GI “Darjeeling” and the logo of a woman holding tea leaves, as well as the certification trade mark…
Update: Anti-cancer drug Abraxane refused patent by the IPO
Following my earlier post on this issue, it is now reported that the Indian Patent Office (IPO) has refused patent to the anti-cancer drug, Abraxane. I am yet to obtain a copy of this IPO order. A recap Briefly, the opposition against the patent application for Abraxane was filed by Natco Pharma…
Revocation of patents in India - A Fork in the road
In a country like India where a patent is granted after fighting tooth and nail, “revocation” is arguably the most dreaded term for any patent-holder. A patent granted in India can sought to be revoked for more than one reason and statutorily in more than one forum. Seeking revocation of patents in…
Geographical Indicators Simplified
A long journey from the hills of Darjeeling via Benaras, Lucknow, Madhya Pradesh, Tirupati and finally to Kanchipuram would be stressful indeed. But the goodies from all these places are what make us show off that we actually went there. Imagine having a hot cup of Darjeeling tea, or wearing…
Yet another trademark triumph for Pepsico's Aquafina
Pepsico India Holdings Pvt Ltd has won yet another trademark battle, this time in respect of its mineral water brand “Aquafina.” The Delhi High Court, in a recent judgement, upholding the submissions of Pepsico, has restrained the defendant Aqua Mineral (India) from using the trademark “Aquafine”…
Statement of working for patents and confidentiality
In my earlier post on this matter, I discussed the importance of filing the statement of working for a patent without delving into the aspect of confidentiality or lack thereof when such statements are made. Statutorily, the statement of working may be published by the Patent Office and so the…
Types of Trademarks – The Super Mark
There are a couple of different Types of Trademarks. Most people who want to get a trademark registered, search for the Super Mark. What is this Super mark? Super mark is the Invincible Superman of the Trademark world, i.e. it is a mark that would less likely to be objected to by the Registry. The…