Indian IP office notifications relating to the extension of deadlines at the time of COVID-19

Notifications by the Indian Intellectual Property Office during COVID-19 The paranoia around the COVID-19 continues to etch the air with causalities, while the citizens and the government continue to strive to put their best foot forward to ensure maximum safety and avoid anarchy. With this, we would like to inform you that, the Indian government has been meticulous in their work and has always ensured the best for its citizens which is reflected in each of its departments, ministries, and…


Pre-grant patent opposition in India

A Pre-Grant opposition in India is clearly explained in Section 25(1) of the Patents Act, 1970 which deals with the Pre-Grant Opposition proceeding. It explains the meaning, grounds and procedure for initiating an opposition proceeding in India. ‘Opposition’ is a word commonly heard and loosely used. The word in itself is an expression which symbolizes disagreement or unacceptance. An Opposition Proceeding in India is an administrative process which enables third parties to challenge the…


pharma-companies

Nei Patent ; Nei Infringement

The Plaintiff in the instant case- Novartis AG, had filed the present suit before the Hon’ble Delhi High Court against the defendant - Natco Pharma Ltd., seeking permanent injunction, damages, rendition of accounts and delivery up in respect to its granted patent, Indian Patent No. 276026. The Patent had been granted for a novel and inventive compound 'Certinib'; a drug invented for the treatment of non-small cell lung cancer. Circumstances surrounding the dispute: Novartis filed for a patent…


AI-nstine’s AI-dea?

Introduction Artificial Intelligence (AI) is recognized as a study of giving computers abilities of the human mind. Often, it is understood as computer technology that allows something to be done in a way that is similar to the way a human would do it. Recently, ‘DABUS (device for the autonomous bootstrapping of unified sentience)’, the AI invented by Stephen Thaler, created two patentable inventions which were filed with the Intellectual Property Offices of the United Kingdom, the United…


law-books

Significant changes brought about by the Indian Patent Amendment Rules, 2019

The following are the significant changes which were brought about by the Patent (Amendment) Rules, 2019. Procedure for Filing International Applications Expedited Examination of Patent Application Proviso included during the case of non-compliance of requirements under expedited examination [Rule 24C(4)] No transmittal fee payable No fee payable if the preparation of certified copy is through WIPO DAS The inclusion of applicants under Form 18A  Procedure for Filing International…


law-books

Groundless/Baseless legal threat of infringement of trademarks in India

The Indian Trademark Law grant exclusive rights to the trademark owner. The exclusivity here indicates that the trademark owner has the liberty to utilize his/her trademarks without any external interferences. The Indian Trademark Laws grants bundle of rights to the trademark holders and the rights of every trademark owner includes the right to commence and prosecute a legal action against infringement of his/her rights in a trademark. It is important that the action taken by the trademark…


distribution-sellers goods services

Customs Recordal in India - Averting the cross-border movement of infringing goods

With the advancement of technology and the expansion of the grey-market, India is currently facing large-scale infringement issues which are drastically affecting the Indian Economy. Playing the vivid role of a gatekeeper the Customs Department of India has adopted the Customs Recordal system in furtherance of its aim to forestall the cross-border movement of counterfeit or infringing goods. In exercise of the powers conferred by sub-section (1) of section 156 of the Customs Act, 1962 (Act 52…


A brief analysis of the Annual Report 2016-17 of the Indian Intellectual Property Office

The Annual Report 2016-2017, released by the Office of the CGPDTM has provided a detailed report of the recent changes in India’s IP regime. This post is a brief summary of the said report and an analysis of whether the recent changes have contributed in achieving the goal of the National IPR Policy 2016 which is ‘Creative India; Innovative India’. During 2016-17, the total number of applications filed was 3,55,393 (a decrease of 0.37% from that of the previous year). The applications filed for…


authorised_signatory_poa_holder

Acting in Dual Capacity- Barred by law?

As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate’s firm or Solicitor’s firm to act in its professional capacity for the client. Many times, besides acting as Constituted Attorneys i.e. power of attorney holders, advocates also act as the advocates on record. The legal validity of this practice, which has become customary, has been questioned and debated upon in various judgments.…


Why Startups need to protect their Intellectual Property before disclosing it

Intellectual Property – Creations of your Mind ‘A hundred and one wonders our mind holds, And out of it rarely a creation unfolds!’ Isn’t that true? Imagine you have created something ingenious, what we formally call “Intellectual Property” or simply IP, like a truly mind-blowing technology/invention or an original design or a very simple yet original poem like the one above. So what would your next step be? Simply cherish the IP and give it all up for the others to use (the right word here is…