Dhaval Diyora vs. Union Of India And Ors
Decided on 5 November, 2020 by Bombay High Court
WRIT PETITION (L) NO.3718 OF 2020
In this case, the Bombay High Court dealt with the question of whether a pre-grant representation can be filed while the decision of the Controller of Patents to reject a patent application is on appeal before the IPAB. The Court held that pre-grant representation cannot be filed while the decision of the Controller is on appeal because the time…
This week’s Patent & Design data has been compiled from the Official Journal of Patents and Designs published by the patent office on the 13th of November 2020. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.
INDIAN PATENT STATISTICS
A total of 751 patent applications have been published in the 46th issue of the Patent Journal, 2020. Out of the 751 applications published in the journal,…
This week’s Patent & Design data has been compiled from the Official Journal of the Patents and Designs published by the patent office on the 6th of November 2020. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.
INDIAN PATENT STATISTICS
A total of 742 patent applications have been published in the 45th issue of the Patent Journal, 2020. Out of the 742 applications published in the…
In this week’s Patent News – Patent Rules amended second time this year, major changes in fee structure for small enterprises; German Appeals Court stays Nokia’s enforcement of injunction against Lenovo; Flipkart acquires Mech Mocha’s IP, forays into gaming space; EPO signs Reinforced Partnership agreement with Columbia; and WIPO launches New Patent Information Tool - WIPO INSPIRE.
Indian Patent News
Patent Rules amended second time this year, major changes in fee structure for small enterprises
Patent (2nd…
The Delhi High Court published the draft of the proposed High Court of Delhi Rules governing Patent Suits, 2020 on 9th of October 2020 and has invited comments regarding the same. The rules are proposed to be issued under Section 158 of the Patents Act. In the context of ambiguities surrounding Patent litigation in India, these rules are a welcome step towards clarity and certainity with respect to the procedure. A copy of the rules may be viewed here
Some comments…
Suggestions on the Amendment of the Copyright Act, 1957- Part III
Section 31B
Reasons for suggested amendments
Section 31B provides for the issuance of a compulsory license to publish a copyrighted work for the benefit of disabled persons.
The suggested amendments broaden the scope of the provision, and bring the nature of the license and the procedure for obtaining a license in line with the statutory license provisions under Section 31C and 31D. By permitting statutory licensing for such works, more…
Suggestions on the Amendment of the Copyright Act, 1957- Part II
Section 18
Reasons for suggested amendments
A frequent issue pertaining to Section 18, which outlines the rights which may be assigned and the exceptions, has been the right to receive royalties with respect to works forming part of a cinematograph film or sound recording. The current provision does not permit the author to waive or assign the right to receive equal share of royalties for the utilisation of such…
Suggestions on the Amendment of the Copyright Act, 1957- Part I
The Hon. Registrar of Copyrights, through an email dated 14th October, 2020, invited suggestions on the amendment of the Copyright Act, 1957 in the light of changes brought about by use of internet, digitalization and an increasingly globalized market for digital content. On behalf of BananaIP Counsels, we have submitted the following recommendations and suggestions to the Registrar, and await positive changes in the Act.
We appreciate the…
Jio announced as official women’s T20 sponsor, MPL scores new deal with BCCI, Salem Sago applied for GI and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Delhi High Court Vacates Interim Injunction Against the use of “Stanley” for Cables & Wires
The Delhi High Court, in a recent decision, vacated an interim injunction granted against Mr. Sunil Agarwal, a manufacturer of cables and wires under the name ‘STANLEY’. The suit was instituted…
The High Court of Delhi has published a draft of the proposed “The High Court of Delhi Rules Governing Patent Suits, 2020” for comments and suggestions from the members of the bar. The framing of Rules is under Section 158 (Power of High Courts to make rules) of the Patents Act, 1970. The proposed rules may be accessed at http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_G3SK9Q0PX99.PDF. Comments and suggestions may be sent to the office of the Registrar General of the High Court of Delhi by…