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Madras High Court Rulings on Patent Application Refusals

Madras High Court Rulings on Patent Application Refusals

In this post, we examine recent Madras High Court rulings that have overturned patent application refusals. These cases, involving complex topics such as immunological targeting, drug delivery formulations, and polynucleotide libraries, highlight the Court's stance on the necessity for clear and cogent reasoning in patent application rejections. Case Notes Rejection of claim amendments under Section 59 without reasons is not valid, says the Madras High Court. In a case involving a patent application relating to "Immunological Targeting of Pathological Tau Proteins",…

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Courts Award Litigation Costs In Recent Trademark Cases

Courts Award Litigation Costs In Recent Trademark Infringement Cases

This post discusses three 2023 Delhi High Court cases on trademark infringement, where plaintiffs received litigation costs. Each involves infringement issues leading to injunctions against further use of the infringing marks. These cases demonstrate the enforcement of IP rights and the financial consequences of infringement in the Indian intellectual property landscape. Continue Reading Courts Award Litigation Costs In Recent Trademark Infringement Cases

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Copyrights and Moral Rights over Lyrics, Tablet Strip Trade Dress, and Diabetic Sugar Brand Cases

Copyrights and Moral Rights over Lyrics, Tablet Strip Trade Dress, & Diabetic Sugar Brand Cases

In this mixed post, we bring to you one copyright case and two trademark cases. The copyright case relates to infringement of copyrights in lyrics and related moral rights, and the trademark cases relate to trade dress violation and trademark revocation. With respect to trade dress, the Court has recognized a particular colour of a tablet strip in a given style as protectable. In the revocation case, the ‘Diabeat’ trademark adopting a similar packaging has been revoked. Case notes Maintain Accounts…

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Indian Patent Statistics - 2023

Indian Patent Statistics Report – 2023

BananaIP is pleased to release the 2023 Patent Statistics Report. This document offers a comprehensive overview of patent activities in India, including publications, examinations, grants, and refusals. It compares data from 2019 to 2023 and includes city-wise patent statistics and performance metrics of various patent offices. Key Insights The report reveals the following significant trends: Patent Publications: There's a notable increase in patent publications in 2023, showing a 56% rise since 2019. Patent Grants: The number of patents granted has…

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PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

Explore key legal outcomes in the PepsiCo plant variety case and the latest guidelines for patent agent address changes, as ruled by the Delhi High Court. This post delves into significant IP law decisions, providing essential updates for professionals in the field. Continue Reading PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

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BananaIP's IP Weekly Patents & Design Stats in the First Week of Jan 2024

BananaIP’s IP Weekly: Patents & Design Stats in the First Week of Jan 2024

Kick off 2024 with BananaIP’s latest weekly update on India’s IP scene. We’re covering the first week of January, with all you need to know about recent patent and design stats – straightforward, useful, and relevant for everyone following India’s IP developments. Continue Reading BananaIP’s IP Weekly: Patents & Design Stats in the First Week of Jan 2024

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Trademark cases relating to cricket helmets, biscuits, edible oil, and tobacco

Trademark cases relating to Cricket Helmets, Biscuits, Edible Oil, and Tobacco

In this post, we have put together 4 trademark cases that relate to trade dress and wordmark infringement/passing off. The cases involve products such as cricket helmets, biscuits, tobacco, and edible oil. In all the cases, trademark owners have been able to get positive orders in their favour. Good Day Vs. Good Times for Butter Cookies: Delhi High Court restrains the use of Blue and Yellow packaging and 'Good Times' mark for Butter Cookies. In a case involving the use of…

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Draft Patent Rules 2024

Draft Patents (2nd Amendment) Rules, 2024

The Draft Indian Patent Rules 2024 has been released for public review. This draft addresses the adjudication process for penalties in patent-related matters. It introduces specific roles such as 'Adjudicating Officer' and 'Appellate Authority', clarifying their functions in the patent adjudication process. The draft also details procedures for filing and appealing complaints in cases of patent contraventions.These updates are part of an ongoing effort to enhance the clarity and efficiency of the patent process in India. Objections or suggestions, if any, may…

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Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court

Patent Examination and Pre-Grant Opposition are independent processes

Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High  Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and…

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