For all our readers who are alcohol connoisseurs here is some great news. A food scientist from Andra Pradesh has filed for a patent for the Indian version of tequila.
It’s a well known fact that tequila originates from Mexico, where the Agave Americana plant is used in the manufacturing of tequila. However, the possibility of an Indian variant seemed a little far-fetched. Mr Sangati Chennakesava Reddy a food scientist who had previously researched on Opuntia (a plant from the…
This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one aspect of the order that seems to contradict the Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate…
India's patent office had rejected Pfizer's application to patent 'Tofacitinib' in 2011, but was ordered to reconsider the decision by the Intellectual Property Appellate Board, after Pfizer appealed. On 3rd September, 2015, the Controller of Patents issued a decision again in respect of Pfizer’s application number, 991/MUMNP/2003 which sought to patent an invention titled “CHIRAL SALT RESOLUTION”. Pfizer’s patent application claimed “a pharmaceutical composition for treating or preventing a disorder or condition selected from organ transplant rejection, xeno transplantation or…
India being predominantly an agricultural country, it is not surprising that one-fourth of the registered GIs are agricultural products, including food stuffs. The GI tag helps protecting exclusive products specific to a geographic location. A GI registration can pave the way for local food and agricultural products to get better branding and marketing in domestic and international markets.
Earlier this year in March, nine organic and exotic agricultural products from Northeast India were accorded Geographical Indication (GI) registration. Geographical Indication (GI)…
The Working of the Patent System
The patent system promotes the progress of science and technology by granting exclusive rights to inventors for a limited period of time. On expiry of the limited period, the inventions enter the public domain and add to the pool of knowledge base for further inventive activity. It is believed that the exclusive rights granted by the patent system provide incentives to invent, invest, disclose and design, which push the limits of science and technology.…
Compulsory licensing cases and India have a peculiar relationship. They are in a way, soul sisters in the world of Intellectual property. Section 84 of the Patents Act, 1970 has always been the subject of intense debate. It hasn’t been very long since India issued its first ever compulsory licence to Natco Pharma, an Indian generic company, for Bayer’s blockbuster anti-cancer drug Nexavar (Sorafenib) in March 2012. Two other CL applications followed the Nexavar case, one relating to Roche’s Herceptin…
Recently, Prime Minister Narendra Modi inaugurated the first National Handloom Day in Chennai, with the aim to resolve various problems faced by weavers. He delved into the question of how to further capitalise on the commercial potential of various handloom products.
Since the first Indian GI was registered in 2004, 236 GIs have been registered with the GI Registry of India. Of these, more than half (64 per cent) are handicrafts, more than one fourth (26 per cent) are agricultural products, and…
This is in furtherance of Kalyan's post, which looked at the issue largely from the philosophical perspective. I endeavor here to look at Statement of Working of Patents from the perspective of the statute and functioning of patent office and its priorities in today’s context. The provisions relevant are:
Section 146
Power of Controller to call for information from patentees
(1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee,…
Delhi based TT Industries, established in 1955, has managed to restrain the famous German auto maker Audi from using the mark “TT” from selling sporting articles, accessories, bags, leather and faux leather goods, or toy cars in India.
TT Industries proprietor Rikab Chand Jain, filed a plaint after being aware of, Audi AG using the mark TT, to promote and sell their goods. TT Industries claims to deal in fashion and export textiles, agro-products, ready-made garments, textile piece goods, hosiery…
Working of patents is an integral element of the Indian patent system. In line with the primary objective of patent law, which is to promote the progress of science and technology for public good and economic progress, Indian patent Act specifically mandates working of patents in India. Failing such working, a compulsory license may be granted with respect to a patent , or in the worst case scenario, the patent may be revoked. (See CHAPTER XVI-
WORKING OF PATENTS,COMPULSORY LICENCES AND…