intellectual property india

Once an Intermediate, Always an Intermediate

This post examines the exclusion of patentability for new uses of known intermediates under Section 3d of the Indian Patents Act. It discusses the statutory language, its implications for pharmaceutical innovation, and whether this aligns with the broader objectives of the patent system in India.

Shielding Patent Attacks – A Peek at Patent Defenses in India

This post explores the main defenses to patent infringement under Indian law, including research, Bolar exemption, government use, and parallel imports. It offers a structured analysis of how these defenses operate within the Indian legal framework.

Publication of Bare Acts Not Infringement, Cinematograph Act Amendments, No Copyright For Taste, and More

This post examines recent copyright law updates in India, including positions on bare acts publication and Cinematograph Act reforms. It also covers global copyright decisions and major legal cases in the entertainment industry, providing clear and objective legal analysis.

Filing Design Applications in India

The post examines the legal framework and procedural steps for filing design applications in India under the Indian Designs Act. It discusses eligibility criteria, documentation, online filing process, and the importance of design protection for various industries.

Assessing Patent Risks in India

This post examines the essential steps for assessing patent risks in India, focusing on infringement analysis and the tests for equivalence. It also considers the relevance of exemptions and the need for detailed, technology-specific evaluation in patent matters.

Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

The Appellate Board dismissed the revocation request against Valasumani Lathe Works’ patent, finding no anticipation from prior art or abandoned applications. This decision clarifies key principles on anticipation and prior art for Indian patent law.

Laxmi Dutt Roop Chand Vs. Nankau

This case evaluates a patent infringement dispute concerning hollow ware manufacturing processes in India. The Court compared both parties’ methods, ultimately finding no infringement due to significant procedural differences.

Scope of Government Use Exemption in India

The Delhi High Court clarified that government use exemption under Section 47 of the Patents Act includes manufacture by private parties on behalf of the government. This analysis explores the legal interpretation and its implications for patent infringement cases involving government contracts in India.

Case Review: Garaware v. Techfeb

This case review analyses the Garware v Techfeb patent, focusing on the specification’s drafting and the relevance of prior art. The post raises questions about the invention’s novelty and examines the omission of gabion systems in the background section.

Gramophone Company of India Ltd. vs. Birendra Bahadur Pandey and Ors., 1984 AIR 667

The Gramophone Company of India copyright case clarified that pirated goods in transit through India are subject to Indian copyright law. The Supreme Court held that such importation constitutes infringement under both the Copyright Act and Customs Act.