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Intellepedia – IP News Center

Rejection of application based on pre-grant representation may be appealed to IPAB

First Publication Date: 10th February 2010 In a decision delivered on February 8th, 2010, the Delhi High Court held that an applicant aggrieved by the rejection of his application by the Controller based on a pre-grant representation may file an appeal to the Intellectual Property Appellate Board (IPAB). The court delivered the decision after consolidating writ petitions filed by UCB FARCHIM, COLORCON, YEDA RESEARCH & DEVELOPMENT and ELI LILLY. As per the Court, a rejection by the Controller based on a pre-grant representation under Section 25(1) would be a decision under Section 15 of the Patents Act and therefore may be...

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What should I do with my invention before I talk to Venture Capitalists?

First Publication Date: 9th February 2010 Every now and then I come across this question, and most often it’s asked by individual inventors and start-ups. In most cases, when you invent something, the next logical step would be to raise funds and build a business around it. To raise funds you will have to disclose the idea/invention to several VCs, preferable after signing a non disclosure agreement (NDA). A NDA, in brief, is a legal instrument that binds the parties entering into the agreement to maintain confidentiality of the information that is disclosed. However, from what I have heard, making a...

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Pharmaceutical business strategy – A Brand name perspective.

First Publication Date: 9th February 2010 In furtherance to Vikram’s post on Paragraph IV certification and its exploitation by generic pharmaceutical companies (ANDA applicant) to enter the market sooner, here is an insight on the NDA holders’ attempt to exploit the same. Every ANDA application filed by a generic company has to be in a prescribed format and must contain the prescribed content as per 21CFR sec. 314.94 (Contents and Format of an Abbreviated application). Each of these applications will refer to a Reference listed drug (RLD) and the use of such drug by the company in order to get approval for...

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Pharmaceutical business strategy – A generics perspective

First Publication Date: 29th January 2010 One of strategies prevalent in the pharmaceutical sector is to invest in research through which new chemical entities and new products can be invented which will help to challenge the existing patents successfully. However, with the amount of money involved in this kind of strategy, a lot of other strategies have emerged by which pharmaceutical companies mainly generics do business, one of which are challenges of patents under Para IV of the Hatch Waxman Act, 1984 (hereinafter referred to as the  “Act”). Whenever a new drug is to to be released in the market, the innovator...

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Weekly Copyright News: Sarkar in Copyright Trouble, ‘Thugs of Hindostan’ Leaked, China Bans Many Karaoke Songs, Harry Potter Themed Event, Google Partners with Sephora and more

Copyrights and Entertainment Law News

‘Sarkar’ Accused of Copyright Infringement, 'Thugs of Hindostan' Leaked, China Bans More Than 6,000 Karaoke Songs, Rihanna Sends Notice to Trump for Unauthorised Use of Music, Treats for Fans of the Harry Potter Wizarding World, Google Ropes Sephora Into Home Hub Partnership COPYRIGHT QUOTE OF THE WEEK “I believe in copyright, within limited precincts. But I also believe in fair use, public domain, and especially transformation” -David Shields INDIAN COPYRIGHT STATISTICS There is an increase of 35% in the total number of copyright applications filed last week as compared to the previous week. A total of 380 applications were filed for copyright registration during the...

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A Round table on “Protection of Traditional Knowledge / Traditional Cultural Expression – Evolving a Sui-Generis Model for India

First Publication Date: 27th January 2010 A Round Table conference on Protection of Traditional knowledge was concluded recently (January 25-26, 2010) at National Law School of India University, Bangalore. The two day conference was held for the deliberations on the Sui-Generis Model developed for the Protection of Traditional Knowledge / Traditional Cultural Expression. One of the highlights of the discussion was The Traditional Knowledge (Protection and Regulation to Access) bill 2009 (Hereinafter called as “Bill”) drafted by NLSIU, Bangalore. To leave a comment on the article please click here This Bill is the first ever attempt made in India for a separate and...

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Assessing patent risks in India

First Publication Date: 27th January 2010 This post is in furtherance of Kartik's post titled "Patent infringement analysis or FTO analysis in India - Challenges" relating to performing patent infringement and FTO analysis in India. Through this post, I wish to explain the basic steps for assessing patent risks. Patent activity has been growing in India at a steady rate. Increase in patent filings/grants and litigation indicates the growing interest of corporates to protect and enforce patents. Under such circumstances, assessing patent risks with respect to development and launch of products assumes great importance. Though the jurisprudence with respect to patent infringement...

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Weekly Trademark News: Purple for Prince?, Delhi High Court Judgment against E-commerce Intermediary, Thugs of Hindostan in Google Maps and other news

Indian Trademark Statistics for November (First Week) 2018, ByteDance sued for Helo, P&G Loses Trademark Battle, Sangli chi Halad Obtains GI Acceptance and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “A brand is not just a logo, it’s the overall impression and experience you give to your audience and customers. Your brand expresses the value you provide. It’s you!” – Amy Locurto INDIAN TRADEMARK STATISTICS The Indian Trademark Office has been slow in the last week due to the festival season. The total number of the applications disposed through show cause hearings has decreased...

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Patent infringement analysis or FTO analysis in India – Challenges

First Publication Date: 27th January 2010 Patent infringement analysis is one of the key studies that may be carried out under various scenarios. Some of them being: Proactively ensuring that they don’t violate third party IP, by carrying out this study at product development stage When sued by a competitor on the grounds of infringement of their patent rights Patent holders constantly monitor competitors’ products to check whether competitors’ products are infringing their patent, and take necessary actions to enforce their rights In all the above scenarios, the analysis part is carried out using well established doctrines corresponding to direct infringement and...

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Temporary Injunction Cases

First Publication Date: 15th January 2010 M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI), Apollo Hospitals, Apollo Hospitals Enterprise Limited and Cancer Institute (W.I.A.), (Regional Cancer Centre) The Appellant, Jayasingh, acquired a patent over a Prosthesis made of Titanium alloy, which is used in bone salvage surgery. On learning that the Respondents were making, selling, distributing and using Prosthesis that was covered by his patent, Jayasingh filed an infringement suit against the Respondents and prayed for an injunction during the pendency of the suit. After hearing the parties and reviewing the facts on record, the Court refused to grant temporary injunction to...

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