The 20-Year Patent Term from the Date of Filing is Constitutionally Valid
The Calcutta High Court has upheld the constitutional validity of the 20-year patent term from the date of filing under Section 53 of the Patents Act. The judgment…
TRIPS Agreement
18 articles
Patents (Amendment) Rules, 2020, LDC’s request WTO to extend transition period and more
The Patents Amendment Rules 2020 have come into effect in India, bringing notable changes to patent filing and reporting requirements. This bulletin covers updates on patent disputes, TRIPS…
Exclusive Marketing Rights and Stronger Patent Regime
This post examines India's transition to a TRIPS-compliant patent regime, focusing on Exclusive Marketing Rights and the Mailbox Provision. It outlines legislative changes that facilitated the shift from…
Chapter VI. Compulsory Licensing & Local Working – Comprehending Apprehending or Apprehending Comprehension?
This post examines compulsory licensing in India, with emphasis on the local working requirement and its interpretation under Indian patent law. It discusses the legal debates surrounding the…
How Wise is it to TRIP Over Food?
This post explores how intellectual property rights, particularly under the TRIPS agreement, affect food security and plant variety protection in India. It provides a legal analysis of the…
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…
Review of Organisational Structure of CGPDTM
This post examines the DIPP’s discussion paper on reorganising the CGPDTM to strengthen India’s IP infrastructure. It reviews proposed changes, operational challenges, and legal considerations regarding the office’s…
Trade Secret Violation – A Hypothetical Indian Case Scenario
The post provides an analytical overview of trade secret violation in India, exploring legal remedies available in the absence of a specific statute. It discusses relevant case law,…
Should Medical Methods Be Patented?
This post examines whether medical methods should be patentable, focusing on global legal frameworks, ethical debates, and policy implications. It analyses both the concerns and benefits of extending…
Patent and Public Domain Balance 2 – Patentability Requirements
This article explores the essential requirements for patentability and their function in shaping the boundary between patent protection and the public domain. It discusses the influence of the…