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UPDATED PATENT, TRADE MARK, COPYRIGHT AND OTHER ACTS

Updated Patent, Trade Mark, Copyright and other Acts

Following the ordinance abolishing the IPAB, we updated all relevant intellectual property statutes to reflect the amended provisions. We are hereby sharing  the links to the amended statutes along with word and pdf versions of the Acts in accessible formats. You may read about the changes in different statutes in  the series of posts we had carried earlier at the following links: Patents Act, Trade Marks Act, Copyrights Act, Plant Varieties Act, and Geographical Indications Act. The list below provides links…

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PPVFR Act and changes after the tribunal reforms ordinance

PPVFR Act and Powers of High Court following the end of IPAB

The President of India on fourth of April 2021 promulgated “The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021”. This Ordinance abolishes the various tribunals set up under the following acts: THE CINEMATOGRAPH ACT, 1952 THE COPYRIGHT ACT, 1957 THE CUSTOMS ACT, 1962 THE PATENTS ACT, 1970 THE AIRPORT AUTHORITY OF INDIA ACT, 1994 THE TRADE MARKS ACT, 1999 THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION…

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Tribunal reforms & PPVFRA

Tribunals Reforms Ordinance 2021 and amendments to the Protection of Plant Varieties and Farmers’ Rights Act 2001

The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021”.  With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect. Provided below…

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The featured image shows a closed signboard. Th image has been used in consonance with the closure of the Tribunals through TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021

President promulgates Tribunals reforms Ordinance, IPAB goes defunct with immediate effect

The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021 ”. With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect. The ordinance has…

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This image depicts tomatoes in a zip-lock bag. This post talks about the importance of food protection under the TRIPS agreement. Click on the image to read the full post.

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…

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This image depicts two people trying to join a puzzle. This image is relevant as their is a threat to the co-existence of the Breeder's rights and patent rights. Click on this image for more information

Threatened Co-existence of Breeders Rights and Patent Rights

This post was last published on September 1st, 2014.   Innovation has always been focused on existing plant varieties which scientists use for improvements and for which breeders' exemption (the right to use protected plant varieties in their research and claim ownership of the results) is granted. But patents don't provide for a breeders' exemption and researchers will have to pay for access to patented materials used in their research if they are allowed access at all. Patent stacking has become common…

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The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

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

“Patent News Bulletin: Indian Patent Statistics, Indian Industrial Design Statistics, Interesting Inventions, IDENTIFY POLLUTANTS FROM VEHICLE EXHAUST AT TOLL PLAZAS WITH PROVISION OF PENALTY, DRINKABLE SEA WATER: DESIGN INTELLIGENT SOLAR ADSORPTION DESALINATION & COOLING SYSTEM ON SEA WATER, Indian Patent News, DPIIT receives reduced budgetary allocation for Financial Year 2019-20, RMNLU, Lucknow invites applications for Post-Graduate Diploma in IPR, Patent backlog down by 50%, Patent Licensing / Commercialization, TiVo & LG sign expanded IP Licensing Agreement  International Patent News, Brazil…

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India on USTR Watch List, Delhi High Court Allows Export of Patented Drugs for Research, Pepsi Offers to Settle with Potato Farmers, and more

  “Indian Patent Statistics, Interesting Inventions, USTR puts India and ten other countries in its “Priority Watch List”, Delhi High Court allows export of two cancer drugs patented by Bayer, PepsiCo offers settlement to farmers over potato dispute, Department of Justice, USA launches review into a Government patent used to treat HIV, Director General, Francis Gurry’s leaves a message on World IP Day and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. QUOTE…

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The featured image shows a cotton plant. This image has been used in the context as the article relates to a patent infringement suit between Monsanto and Nuziveedu seeds involving Bt cotton. To read more, click here.

Patentability of Genetically Modified Plant Breeds: The Monsanto Conclusion

On January 8th, 2019, the Supreme Court of India, in the matter of Monsanto Technology LLC v. Nuziveedu Seeds Ltd.[1] held that genetically modified cotton seeds were patentable, and allowed the U.S. based company Monsanto, to file their patent claims. The bench, comprising of Justice Rohinton Fali Nariman and Justice Navin Sinha, set aside the order of the Division Bench of the Delhi High Court, which had held such claims to be inapplicable in India. The Single Judge of the…

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The featured image shows a DNA strand. To read more click here.

Nuziveedu v. Monsanto – Patentability of Gene Sequences in India (Case Brief and Comments)

Citation: Nuziveedu Seeds Ltd. and Ors. Vs. Monsanto Technology LLC and Ors., MANU/DE/1388/2018. Brief Facts Monsanto (Monsanto Technology LLC.) holds an Indian Patent (Patent No. 214436, hereinafter referred to as "BT Patent") with respect to gene sequences and methods for inserting such gene sequences into plant cells to express Bacillus thuringiensis (BT) Delta-endotoxin to provide Bollworm resistance in plants. The final granted patent had two sets of claims: one set claiming the isolated, purified and modified gene sequences, and the…

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