In this week’s Patent News – Delhi High Court seeks inputs on “Draft Rules Governing Patent Suits, 2020”, RGNIIPM issues updated notice on Online Joint IPR Workshops; Cisco Systems to pay $1.9 billion by way of damages to Centripetal Networks; Sharp Corp and Daimler sign patent licensing agreement; USPTO publishes report on Artificial Intelligence and Intellectual Property Policy; South Africa and India seek waiver of IP provisions under the TRIP’s Agreement from the WTO.
INDIA PATENT NEWS UPDATES
Delhi High Court seeks inputs on “Draft Rules Governing Patent Suits, 2020”
According to a notification published by the High Court of Delhi last week, the Court is in the process of framing Rules under Section 158 of the Patents Act, 1970 and has therefore invited members of the Bar to go through the draft rules published as on 30.09.2020 and provide their comments / suggestions within the 6th of November 2020. All comments or suggestions may be sent to the office of the Registrar General of the High court of Delhi by e-mail at jrrules.dhc@gov.in
The notice and the draft rules may be accessed here.
The draft rules are a first of its kind and deal with claim construction briefs, invalidity briefs, infringement briefs, creation of a panel of scientific advisors, compulsory mediation among several others.
RGNIIPM issues updated notice on Online Joint IPR Workshops
The Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM) is conducting a number of online training workshops on IPR, based on requests received from interested participants and organizations. The Institute has proposed to conduct the following types of online workshops –
- Online workshops on IPR – Patents (Duration – 1 hour, fee’s will not be charged)
- Online joint webinar/workshop on various topics of IPR (Duration – half a day, INR 10,000/- for a minimum of 25 participants)
- Online joint webinars on various topics of IPR (Duration – 1 day, INR 25,000/- for a minimum of 25 participants)
You may click here for more information.
PATENT INFRINGEMENT NEWS UPDATES
Cisco Systems to pay $1.9 billion by way of damages to Centripetal Networks
The U.S District Court of Virginia recently awarded Centripetal Networks, a cyber-security company, an award of $1.9 billion by way of damages after finding Cisco Systems to be guilty of patent infringement. As per reports, the award of damages – $755.8 million was increased two and a half times after finding that the infringement was “willful and egregious.” Cisco has also been asked to pay 10% royalties with regard to the sale of certain products, for three years and 5% royalties for an additional three-year period.
Sharp Corp and Daimler sign patent licensing agreement
Japanese multinational company, Sharp Corporation has entered into a patent licensing agreement related to an automobile communications technology with Daimler AG, the famed German automotive multinational. As reported by Reuters, the companies entered into a licensing deal after Sharp Corp won a patent infringement dispute, against Daimler, in Germany.
INTERNATIONAL PATENT NEWS UPDATES
USPTO publishes report on Artificial Intelligence and Intellectual Property Policy
On 6th October, 2020, the United States Patent and Trademark Office (USPTO) published a report titled “Public Views on Artificial Intelligence and Intellectual Property Policy.” As per the official press release, the report focuses on the views of stakeholders on the impact of AI on areas such as – IP landscape, patents, trademarks, copyrights, trade secrets and issues related to the protection of databases. Further, the report indicates that a large portion of the stakeholders believe that the existing legal system in the U.S.A is well prepared to handle the concerns posed by AI.
You may click here to access the full report.
India and South Africa seek waiver of IP provisions under the TRIP’s Agreement from the WTO
India and South Africa have moved the World Trade Organization (WTO) to seek waiver of IPR provisions for developing countries to enable them to manufacture and import COVID 19 drugs. On October 2nd, 2020, the countries approached WTO, by the means of a letter, to globally waive Sections 1, 4, 5 and 7 of Part II and enforcement of these sections under PART III of the TRIP’s Agreement. An excerpt from the letter reads – “As new diagnostics, therapeutics and vaccines for COVID-19 are developed, there are significant concerns (over) how these will be made available promptly, in sufficient quantities and at (an) affordable price to meet the global demand.” According to reports, the countries have not proposed the expected number of years for the waiver to remain in effect.
Authored and compiled by Vibha Amarnath & Gaurav Mishra
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