Intellectual Property | Intellepedia

Inebriated @ 8

This post discusses the Delhi High Court’s analysis of trademark rights in numerals in the liquor industry, focusing on the Carlsberg India v. Radico Khaitan case. The judgment clarifies the scope of exclusivity over numerical trademarks and trade dress.

Threatened Co-existence of Breeders Rights and Patent Rights

This post analyses the threatened co-existence of breeders rights and patent rights in plant innovation law. It discusses the lack of breeders exemption in patent law and the resulting challenges for researchers and breeders. Legal and practical solutions are evaluated within the Indian and international context.

Myriad Genetics Case : Genetic Patentability

The Myriad Genetics case examines whether isolated gene sequences are patentable or considered products of nature under US law. The Supreme Court ruled that while gDNA is not patentable, cDNA may be, marking a significant development in genetic patentability.

Demystifying the Evergreen myth

This post explores evergreening in pharmaceutical patents and how Section 3d of the Indian Patent Act limits patentability for incremental inventions. It discusses the implications for innovation, generic competition, and the evolving legal landscape in India.

Public Use Exemption for Patentability

This post analyses the public use exemption for patentability through two contrasting US Supreme Court decisions. It highlights how factual circumstances and the presence of experimental use shape the outcomes in patent law.

Amazon in Trouble Over Prime, KFC to Franchise 61 More Outlets, Indori Poha Likely to Join GI Race and Other News

This bulletin details key trademark infringement cases, Indian trademark statistics, and KFC’s franchising activities. It also covers Indori Poha’s potential GI registration and recent brand licensing updates, providing clear legal analysis for IP stakeholders.

Keeping Secrets from the Patent Office? Think Again!

Section 8 of the Indian Patents Act mandates full disclosure of foreign patent filings by applicants. Failing to comply may result in opposition or patent revocation. This post provides a comparative legal analysis and discusses the consequences of non-disclosure.

Novartis Case Review

The Supreme Court’s Novartis judgment clarified Section 3d and its application to pharmaceutical patents in India. It emphasised the need for enhanced therapeutic efficacy and outlined critical standards for patentability, impacting future patent filings.

Post-Graduate Diploma in IPR, Patent backlog decreased by 50%, Bayer sued in Brazil and more

This bulletin presents key updates in Indian patent statistics, including a 50 percent decrease in backlog and recent policy changes. It also covers new IPR educational opportunities, international legal disputes, and ongoing support for farmer rights in India.

Can Sound Be Registered as a Trademark?

This post explores the legal recognition and registration of sound trademarks, using the example of MGM’s lion roar in Canada. It presents an objective analysis of the requirements and implications for sound mark protection in modern trademark law.