TRIPS Archives

Image accompanying blogpost on "Patent Term Travel : The 20 year term from the Date of Filing is constitutionally valid"

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The Calcutta High Court scrutinized the constitutional validity of Section 53 of the Patents Act. The Petitoner argued for recalculating patent term from the date of grant, contending the current provision as arbitrary. However, the Court upheld the existing framework, emphasizing legislative discretion and international compliance. Continue Reading The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

May 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 658Views 0Like

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Image accompanying blogpost on "PERMISSIBLE COMMERCIAL EXPLOITATION OF PATENTS BY DRDO: LEGALITY AND ITS IMPACT"

Permissible Commercial Exploitation of Patents by DRDO : Legalities and its Impact

Introduction Have you ever watched episodes of the show ‘The Big Bang Theory’ wherein Sheldon, Leonard and Howard were contracted to devise a solution for the military? Such scenarios occur on a daily basis. The military, through its Defence Research and Development Organisation (hereinafter ‘DRDO’) contract or sub-contract researchers to innovate for and comply with their set standards and requirements. The result of these agreements are technological advancements that benefit the Defence Research and Development Organisation and thereby benefit the…

May 9, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 1355Views 3Likes

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Patents (Amendment) Rules, 2020, LDC’s request WTO to extend transition period and more

In this week’s Patent News – Patents (Amendment) Rules, 2020 come into force; Nokia seeks injunction against Lenovo for patent infringement; LDC’s request WTO to extend transition period under the TRIP’s for 12 years; CNIPA and EPO to launch pilot program for Chinese Applicants to designate EPO as an additional ISA. INDIA PATENT NEWS UPDATES Patents (Amendment) Rules, 2020 come into force from 20th October 2020 Last year, in the month of May, the Indian Patent…

October 26, 2020 BananaIP Reporter Intellectual Property, Patents 0Comment 1099Views 0Like

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Annual report 2018-2019 published, US and EU block India and South Africa on IPR waiver proposal and more

In this week’s Patent News – Office of CGPDTM publishes Annual Report 2018-2019, TCS ranks first in the field of Information Technology; IPO to accept 5 more PPH requests for 2020; Indian Patent Office issues list of withdrawn patent applications; Union Education Minister launches Kalam Program for Intellectual Property Literacy and Awareness campaign – “KAPILA”; U.S.A, E.U and Australia dissent on waiver of IPR under the TRIP’s Agreement and other news updates. INDIA PATENT NEWS UPDATES Office of CGPDTM…

October 19, 2020 BananaIP Reporter Industrial Designs, Intellectual Property, Patents 0Comment 886Views 0Like

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India advocates TRIPs flexibility at the virtual WTO General Council Meeting, CNIPA publishes first patent application related to a vaccine for COVID-19 and more patent related news

In this week’s Patent News – IP-India welcomes RGNIIPM to the Twitter world; India advocates TRIPs flexibility at the virtual WTO General Council Meeting; CNIPA publishes first patent application related to a vaccine for COVID-19; USPTO launches COVID-19 Response Resource Center; USPTO and JPO Heads release joint statement; Green Science Alliance joins WIPO GREEN as contributing partner; CNIPA’s Annual budget reveals key performance indicators and IPOPHL accepts online requests for Commercial Patent Search.” INDIA PATENT NEWS IP-India welcomes RGNIIPM…

June 15, 2020 BananaIP Reporter Intellectual Property, Patents 0Comment 1007Views 0Like

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COVID crisis threatens Gilead’s patent on Remdesvir, EPO’s Enlarged Board of Appeal issues opinion on plant and animal patentability, India asks G20 to establish agreement enabling use of TRIPS flexibilities and other patent news

In this week’s Patent News – India asks G20 members to establish an agreement that enables the use of TRIPs flexibilities; EPO’s Enlarged Board of Appeal issues opinion on plant and animal patentability; China launches IP Law Enforcement Action Plan for 2020; WHO and Costa Rica to launch COVID-19 technology pooling initiative this month and other news updates. INDIA PATENT NEWS India asks G20 members to establish an agreement that enables the use of TRIPs flexibilities During…

May 18, 2020 BananaIP Reporter Intellectual Property, Patents 0Comment 818Views 0Like

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This image depicts a signboard having CHANGE written on it. This image is relevant as India's patent Law has changed a lot after it became signatory to TRIPS. Click on this image for more information

Exclusive Marketing Rights and Stronger Patent Regime

This post was first published on 2nd September, 2014. Trade Related aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO) came into effect in 1995 mandating all the developing member countries to bring in TRIPS-compliant national laws within ten years i.e., 2005. India became a party to the TRIPS Agreement in April, 1994. At that time, India's then-current enactment of the Patent Act, 1970 directly contravened Article 27 of the TRIPS Agreement. Upon coming into effect on…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 2678Views 0Like

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This image depicts a man twisting the arm of another person. This image is relevant as the topic itself has the question whether US is arm-twisting India. Click on the image for more information

Patent War: Is the US Arm-twisting India?

This post was first published on 4th September, 2014. India’s domestic Patent Laws have flourished prominently and recent patent rulings have suggested that Indian Patent Laws are consumer friendly. However, recent discussions with the US prompted a need for us to defend our IPR regime. In their view, the underlying Indian Law still tends to favor weaker rather than stronger protection of IP. A number of issues raised in negotiations on TRIPS regime for implementation of Patent Laws in developing countries such…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 675Views 0Like

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How Wise is it to TRIP Over Food?

This post was first published on September 8th, 2014. Every country tries its best to ensure that there is no dearth of food. Ensuring that food is of good quality is also important. As much as I'd love to go on talking about food, I will refrain from talking about food per se and concentrate on the legal obligations related to food. This post will concentrate on the relationship between IP and food which is governed by successful research efforts…

July 23, 2019 BananaIP Reporter Intellectual Property, Plant Varieties 0Comment 967Views 0Like

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Should Medical Methods Be Patented?

First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing to the economic development and prosperity of mankind. Though the patent system has played a critical role in the progress of science generally, its benefits have not been extended to medical…

December 6, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1624Views 0Like

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Celebrating 20 Years of IP Excellence

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

Permissible Commercial Exploitation of Patents by DRDO : Legalities and its Impact

Patents (Amendment) Rules, 2020, LDC’s request WTO to extend transition period and more

Annual report 2018-2019 published, US and EU block India and South Africa on IPR waiver proposal and more

India advocates TRIPs flexibility at the virtual WTO General Council Meeting, CNIPA publishes first patent application related to a vaccine for COVID-19 and more patent related news

COVID crisis threatens Gilead’s patent on Remdesvir, EPO’s Enlarged Board of Appeal issues opinion on plant and animal patentability, India asks G20 to establish agreement enabling use of TRIPS flexibilities and other patent news

Exclusive Marketing Rights and Stronger Patent Regime

Patent War: Is the US Arm-twisting India?

How Wise is it to TRIP Over Food?

Should Medical Methods Be Patented?

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