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Draft Patents (2nd Amendment) Rules, 2024

The Draft Indian Patent Rules 2024 has been released for public review. This draft addresses the adjudication process for penalties in patent-related matters. It introduces specific roles such as 'Adjudicating Officer' and 'Appellate Authority', clarifying their functions in the patent adjudication process. The draft also details procedures for filing and appealing complaints in cases of patent contraventions.These updates are part of an ongoing effort to enhance the clarity and efficiency of the patent process in India. Objections or suggestions, if any, may…

BananaIP Reporter Intellectual Property, Patents January 10, 2024 534Views 0Like

Patent Examination and Pre-Grant Opposition are independent processes

Patent Examination and Pre-Grant Opposition are independent processes, says the Delhi High Court In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and…

BananaIP Reporter Case Reviews, Intellectual Property, Patents January 10, 2024 378Views 0Like

Trademark Value: NYKAA, A to Z, Social, and Burger King Trademark Injunctions

In this post, we bring to you 4 trademark cases where injunctions were granted in favour of trademark owners. The cases relate to popular brands such as Nykaa, Social, A to Z, and Burger King. Nykaa Vs. Oykaa for Cosmetics: Delhi High Court grants exparte injunction restraining Oykaa. In a case involving the trademarks Nykaa and Oykaa for cosmetics, healthcare, personal care, and wellness products, the Delhi High Court granted an exparte injunction restraining the use of Oykaa. The Court stated…

BananaIP Reporter Case Reviews, Intellectual Property, Trademarks January 10, 2024 473Views 0Like

The IP Profession: An Ideal Career Path for Persons with Disabilities in India

Pursuing a career in Intellectual Property (IP) is a promising, rewarding, and accessible choice for persons with disabilities in India. The IP field is known for its diverse opportunities and inclusive nature. Why choose the IP Profession? Here are some reasons why IP is an excellent career option for individuals with disabilities: Any Educational Background: The IP profession is available for individuals from any educational discipline. It's not limited to law graduates, and persons with disabilities having arts, commerce, business, science,…

BananaIP Reporter Accessibility, Intellectual Property January 9, 2024 252Views 0Like

Comments and Suggestions on the Draft Intellectual Property Rights Rules

Our Comments on the Draft IPD Rules of Calcutta High Court

BananaIP has submitted its comments/suggestion with respect to the Draft IPD Rules of the Calcutta High Court. Through this post, we are sharing the submission made to the Court. Continue Reading Our Comments on the Draft IPD Rules of Calcutta High Court

BananaIP Reporter Accessibility, Intellectual Property January 8, 2024 240Views 0Like

Copyrighted Music in Restaurants, Unlicensed Movies, and Storytelling Platforms

Through this blog post, we bring to you three copyright cases relating to ground licensing, movie licensing, and copyrights relating to storytelling platforms. While the licensing cases cover the consequences of using unlicensed and unauthorized copyrighted works, the storytelling platform case throws light on what is copyrightable and copying what amounts to infringement. Continue Reading Copyrighted Music in Restaurants, Unlicensed Movies, and Storytelling Platforms

BananaIP Reporter Case Reviews, Copyrights, Intellectual Property January 8, 2024 350Views 0Like

Indiamart cannot claim Intermediary Status, says Delhi High Court

Indiamart is prima facie infringing Puma’s trademark, and it cannot claim intermediary safe harbour as its actions do not amount to the requisite due diligence required under the intermediary guidelines, says the Delhi High Court. Continue Reading Indiamart cannot claim Intermediary Status, says Delhi High Court

BananaIP Reporter Case Reviews, e-Commerce Law, Intellectual Property, Trademarks January 5, 2024 567Views 0Like

Image featuring Weekly Patent and Industrial Design Statistics – 22nd December 2023 to 29th December 2023

Indian Patent and Design Statistics 2023: Insights for December 22 – 29

52nd issue of the Indian Patent Journal (29th December 2023) features 1,779 patent publications, 2,824 grants, and 465 registered designs. Continue Reading Indian Patent and Design Statistics 2023: Insights for December 22 – 29

BananaIP Reporter Intellectual Property, Patent & Design Statistics, Patents January 5, 2024 274Views 0Like

Divisional Patent Filing, Patent Claim Amendments, Assessment of Damages, and DUS test for PV Protection

In this post, we bring to you 3 interesting patent cases and a plant variety case. These cases relate to: when divisional patent applications can be filed? if claim amendments can move from method to gel formulation, assessment of patent infringement and damages based on publicly available data, and the role of DUS test in Plant Variety Protection. Continue Reading Divisional Patent Filing, Patent Claim Amendments, Assessment of Damages, and DUS test for PV Protection

BananaIP Reporter Case Reviews, Intellectual Property, Patents, Plant Varieties January 3, 2024 922Views 0Like

Madras High Court’s Progressive Stance on Patent Claim Amendments and Other Aspects

In this post, we at BananaIP bring to you select Patent cases relating to Patent Claim amendments, Patent exclusions, and Patent orders. Amending polypeptide patent claims mentioning specific sequence IDs to polynucleotide claims mentioning the said sequence IDs is permitted, says Madras High Court. While dealing with the rejection of a patent application based on impermissible claim amendments, the Madras High Court reiterated that claim amendments are permissible as long as the amendments are disclosed in the specification. After reviewing the…

BananaIP Reporter Case Reviews, Intellectual Property, Patents January 2, 2024 391Views 0Like

Celebrating 20 Years of IP Excellence