This post was published on September 15, 2014.
We hear a lot about technology transfer these days, particularly with Prime Minister Modi’s recent visits to Japan, with whom India is negotiating collaboration opportunities in the area of infrastructure, defense and energy. Technology transfer refers to the transfer, assignment or licensing of various forms of Intellectual Property developed by one person, organization, university or even a country to another. The reason for transfer is to promote public good through the development of…
This post was first published on April 23, 2012.
In a landmark decision on a generic drug-maker’s ability to introduce a generic drug for uses not indicated on the branded product’s label, the US Supreme Court ruled in favour of Caraco Pharmaceutical Laboratories, a unit of Sun Pharmaceutical Industries, in its patent litigation against Novo Nordisk over Caraco’s generic version of Prandin, repaglinide tablets, a blood glucose lowering drug.
The drug in question, Prandin, generically known as repaglinide, is used…
This post was published on July 21, 2014.
The subject of today's topic would probably leave a patent applicant feeling a bit like the reigns are slipping. A patent is not a piece of cake to acquire. The right owner of the invention be it an inventor or an applicant has to prove themselves beyond any doubt. It is the basic right of every individual to oppose the grant of any patent, in cases where such a grant would seem…
Indian Trademark Statistics for July (Fourth Week), Odisha Rasagola Gets GI Tag, Kanye West Trademarks Sunday Service, New York Fries to be opened in India and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“A product can be quickly outdated, but a successful brand is timeless" - Stephen King
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office have had a slow work pace. The total number of applications disposed through show cause…
This post was first published on March 5th, 2014.
Abraham Lincoln was the 16th President of the United States, well known for his fight against slavery. Before entering into active politics, Mr. Lincoln was a practicing lawyer who tried to defend the rights of slaves. His continued interest and effort in this front probably helped him gain the trust of his countrymen, which in turn helped him build a successful political career and become the President of the United States in the…
This post was published on August 08, 2014.
In this article we will discuss another case about how to protect ideas in the Entertainment Industry. Just to recap the previous posts in this series can be found here, here and here.
Urmi Juvekar Chiang, Indian Inhabitant, Mumbai vs. (1) Global Broadcast News Limited, Uttar Pradesh; (2) Network 18 Fincap Private Limited, Uttar Pradesh
The Plaintiff, in this case, was a scriptwriter and she had written a concept for reality television…
First Publication Date: 18th September, 2009.
In furtherance to our earlier blog here relating to the advertisement war between Colgate and Pepsodent and comparative advertising, the Delhi High Court recently, on 21st August 2013, denied grant of interim injunction against Hindustan Unilever Limited ('HUL'/Pepsodent) and held that Court was not persuaded at this stage to hold the impugned TV advertisement or the impugned printed advertisement by HUL to be disparaging of or denigrating the product ‘Colgate Dental Cream Strong Teeth’ of…
This post was first published on June 30th, 2014.
Generally, trademark protection is limited to the protection against unauthorized use of a trademark on identical or similar goods or services. The deceptive similarity and likelihood of confusing elements are not applicable in cases where an alleged conflicting mark is used in respect of dissimilar and/or unrelated goods and services. For example, the use of the mark KODAK for hotels or catering services would not amount to trademark infringement under the…
First Publication Date: 1st February 2010.
Abraham Lincoln said, "Patents add fuel to the fire of genius". The role of the patent system is to encourage inventors by providing them incentives to give life to their ideas. As Lincoln rightly stated, the patent system provides the necessary encouragement to an inventive mind rather than creating one through its incentive system. The nature of the role played by the patent system in setting inventive minds in motion has been the subject of…
This post was published on August 06, 2014.
"Who invented the Radio?" When this question was asked during my school days, my answer was an immediate, "Marconi". Since that answer would fetch me my points, I didn't bother to look beyond. Recently, however, I realized that it has always been a controversial subject and that my answer could have been wrong. The villain... um.. no, the hero of the story is none other than Nikola Tesla, who is regarded as one of…