Intellectual Property Archives

Madras High Court clarifies that claim amendments in a patent application do not mean abandoning earlier claims. Learn about the court's decision in Genomatica Inc. vs Controller of Patents

New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act

In a significant ruling, the Madras High Court clarified that amending claims in a patent application does not imply abandonment of earlier claims. The court directed that decisions should be based on the amended claims. This analysis was part of Genomatica Inc. vs Controller of Patents case. Continue Reading New claims, Old claims, and Claim Amendments: Section 59 of the Patents Act

June 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 495Views 0Like

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Image accompanying blogpost on "Renounced Riches, Not Rights! Court uploads Sanyasi's copyrights"

Renounced Riches, Not Rights! Court upholds Sanyasi’s copyrights

The Delhi High Court ruled in favor of Bhaktivedanta Book Trust, upholding Srila Prabhupada’s copyrights despite his status as a Sanyasi. The court decreed that Srila Prabhupada’s intellectual property rights were valid and had been rightfully assigned to the Trust. Continue Reading Renounced Riches, Not Rights! Court upholds Sanyasi’s copyrights

June 3, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 587Views 2Likes

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Image featuring INDIAN PATENT AND DESIGN STATISTICS 2024 (MAY 17TH TO MAY 24TH)

Indian Patent and Design Statistics 2024 (May 17th to 24th)

21st issue of the Indian Patent Journal (24th May 2024) features 829 patent publications, 760 grants, and 527 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (May 17th to 24th)

May 31, 2024 BananaIP Reporter Intellectual Property, Patent & Design Statistics, Patents 0Comment 430Views 0Like

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Monoclonal antibodies and Patents – How the Madras High Court interpreted Section 3(c)

The Madras High Court clarified the interpretation of Section 3(c) in the context of monoclonal antibodies patent in Genmab A/S v. Assistant Controller of Patents. The court emphasized the importance of novelty and technical advancement for patent eligibility. Continue Reading Monoclonal antibodies and Patents – How the Madras High Court interpreted Section 3(c)

May 31, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 633Views 0Like

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Authors, Copyright and Royalty Share : The Calcutta High Court gives clarity

The Calcutta High Court’s landmark decision in Vodafone v. Saregama clarifies the royalty rights of authors of literary and musical works. The ruling states that authors are entitled to royalties regardless of when their works were created or the nature of copyright ownership transfers. Continue Reading Authors, Copyright and Royalty Share : The Calcutta High Court gives clarity

May 30, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 939Views 0Like

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All set for VOMISET : Court restores trademark and allows renewal beyond deadline

Indi Pharma Pvt Ltd successfully petitioned the High Court of Bombay to restore its trademark application for VOMISET and allow its renewal. The Court’s decision was based on the precedent set in the Motwane case, highlighting the importance of proper notification for trademark renewals. Continue Reading All set for VOMISET : Court restores trademark and allows renewal beyond deadline

May 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 447Views 2Likes

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Court criticizes Patent Office for using outdated CRI Guidelines

The Madras High Court criticized the Patent Office for using outdated CRI guidelines of 2016 instead of the revised 2017 guidelines in evaluating Microsoft’s patent application. The court emphasized the importance of assessing technical effect or contribution in CRIs without considering hardware. Continue Reading Court criticizes Patent Office for using outdated CRI Guidelines

May 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 517Views 0Like

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Note on the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

The WIPO Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge aims to enhance patent system efficiency and transparency regarding genetic resources and traditional knowledge. Continue Reading Note on the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge

May 27, 2024 BananaIP Reporter Intellectual Property, Patents, Traditional Knowledge 0Comment 492Views 0Like

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Victory for Novozymes: Madras High Court Overrules Patent Office’s Refusal

The Madras High Court, in a decision dated March 19, 2024, set aside a patent refusal order issued by the Assistant Controller of Patents and Designs in the case of a patent application filed by Novozymes A/S. This post summarizes the decision of the court in this case. Continue Reading Victory for Novozymes: Madras High Court Overrules Patent Office’s Refusal

May 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 532Views 0Like

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Court says infringing brand ‘Double Kabooter’ Jaa Jaa Jaa

The Delhi High Court ruled in favor of Anuj Bindal, the prior user of ‘Dabal Kabooter Brand,’ in a trademark dispute against ‘Double Kabooter Brand.’ This case highlights the importance of prior use and the implications of false statements in trademark applications. Continue Reading Court says infringing brand ‘Double Kabooter’ Jaa Jaa Jaa