First Publication Date: 29th January 2010
One of strategies prevalent in the pharmaceutical sector is to invest in research through which new chemical entities and new products can be invented which will help to challenge the existing patents successfully. However, with the amount of money involved in this kind of strategy, a lot of other strategies have emerged by which pharmaceutical companies mainly generics do business, one of which are challenges of patents under Para IV of the Hatch…
‘Sarkar’ Accused of Copyright Infringement, 'Thugs of Hindostan' Leaked, China Bans More Than 6,000 Karaoke Songs, Rihanna Sends Notice to Trump for Unauthorised Use of Music, Treats for Fans of the Harry Potter Wizarding World, Google Ropes Sephora Into Home Hub Partnership
COPYRIGHT QUOTE OF THE WEEK
“I believe in copyright, within limited precincts. But I also believe in fair use, public domain, and especially transformation” -David Shields
INDIAN COPYRIGHT STATISTICS
There is an increase of 35% in the total number of copyright…
First Publication Date: 27th January 2010
A Round Table conference on Protection of Traditional knowledge was concluded recently (January 25-26, 2010) at National Law School of India University, Bangalore. The two day conference was held for the deliberations on the Sui-Generis Model developed for the Protection of Traditional Knowledge / Traditional Cultural Expression. One of the highlights of the discussion was The Traditional Knowledge (Protection and Regulation to Access) bill 2009 (Hereinafter called as “Bill”) drafted by NLSIU, Bangalore. To leave…
First Publication Date: 27th January 2010.
This post is in furtherance of Kartik's post titled "Patent infringement analysis or FTO analysis in India - Challenges" relating to performing patent infringement and FTO analysis in India. Through this post, I wish to explain the basic steps for assessing patent risks.
Patent activity has been growing in India at a steady rate. Increase in patent filings/grants and litigation indicates the growing interest of corporates to protect and enforce patents. Under such circumstances,…
Indian Trademark Statistics for November (First Week) 2018, ByteDance sued for Helo, P&G Loses Trademark Battle, Sangli chi Halad Obtains GI Acceptance and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A brand is not just a logo, it’s the overall impression and experience you give to your audience and customers. Your brand expresses the value you provide. It’s you!” – Amy Locurto
INDIAN TRADEMARK STATISTICS
The Indian Trademark Office has been slow…
First Publication Date: 27th January 2010.
Patent infringement analysis is one of the key studies that may be carried out under various scenarios. Some of them being:
Proactively ensuring that they don’t violate third party IP, by carrying out this study at product development stage
When sued by a competitor on the grounds of infringement of their patent rights
Patent holders constantly monitor competitors’ products to check whether competitors’ products are infringing their patent, and take necessary actions to…
First Publication Date: 15th January 2010
M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI), Apollo Hospitals, Apollo Hospitals Enterprise Limited and Cancer Institute (W.I.A.), (Regional Cancer Centre)
The Appellant, Jayasingh, acquired a patent over a Prosthesis made of Titanium alloy, which is used in bone salvage surgery. On learning that the Respondents were making, selling, distributing and using Prosthesis that was covered by his patent, Jayasingh filed an infringement suit against the Respondents and prayed for an injunction during the pendency…
First Publication Date: 20th January 2010.
This is in response to a question asked by one of the researchers on our website with reference to the patenting of inventions by researchers in the University
For all the inventive minds working or studying in different Universities, idea of patenting their invention(s) is quite lucrative. With our experience of dealing with such situation, where a researcher wishes to apply for a patent, a number of issues should be catered before applying for the patent. …
First Publication Date: 18th January 2010
The Appellants, F. Hoffmann-La Roche Ltd. (“Roche”), the Licensor of a patent relating to the drug Erlotinib used for cancer treatment and OSI Pharmaceuticals Inc. (`OSI'), the holder of the patent of the said drug, filed an infringement suit against the Respondent, Cipla Ltd. (“Cipla”). The Appellants filed an application for temporary injunction during the pendency of the suit, which was rejected by the Single Judge and therefore, filed this appeal.
After hearing both the parties,…
First Publication Date: 16th January 2010
This is in furtherance of the post on opening the Traditional Knowledge Digital Library (TKDL) for public access in order to further research and development of traditional knowledge. As I had stated in my post, making TKDL available under an open source model would enable the development of traditional knowledge and also safeguard the interests of traditional knowledge holders ("Holders"). The model I am proposing hereunder is based on the success of the…