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Intellectual Property Appellate board Tag

BananaIP Counsels > Posts tagged "Intellectual Property Appellate board"

Inventive Step of an Invention Analysed

This post was first published on 16th July, 2014.   We will today discuss a case in the Indian Patent history that showcases how the IPAB and the IPO analyse the Inventive Step or Obviousness of an invention. Green Cross Holdings (Appellant) v/s Controller of Patents and Deputy Controller of Patents (Respondents) Case: This judgment, passed on June 18th, 2014 by the IPAB, was based on an appeal made by Green Cross Holdings against the order made by Deputy Controller of Patents on Aug 13th, 2009, rejecting their application (Appl.no: 1563/DEL/2005) for the invention titled Pharmaceutical preparation of recombinant Factor VIII lyophilized without Albumin as a stabilizer. Objections...

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Denial of Opportunity to be Heard Violates Principle of Natural Justice

This post was first published on 16th July, 2014.   Today, we will take a look at a case where the IPAB ruled in favor of the appellant, remanding the case back to the Controller on the principle of natural justice! Telefonaktiebolaget Lm Ericsson (Publ) (Appellant) v/s Controller General of Patents and The Assistant Controller of Patents (Respondents) Case: This particular order is in response to an appeal filed by Ericsson against the order passed by The Assistant Controller of Patents rejecting the Indian application (5294/DELNP/2005) filed by them for an invention titled Secure Traffic Redirection in a Mobile Communication System, based on a corresponding...

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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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Case Brief: Shamnad Basheer v. Union of India & Others

The image depicts the Madras HC.

Article contributed by Heema Shirvaikar, Intern at BananaIP Counsels, 3rd-year Law Student at Symbiosis, Pune. Facts and brief history of case: In 2011, a Writ Petition was filed before the Madras High Court by Mr. Shamnad Basheer, seeking a Writ of Declaration, to declare the establishment of the Intellectual Property Appellate Board (IPAB) under the Trade Marks Act, 1999, and the Patents Act, 1970 as violative of the basic structure of the Constitution of India. Shamnad Basheer, founder of SpicyIP, an Intellectual Property law blog, was a Professor of Law, who holds the Intellectual Property Rights Chair at the Ministry of Human Resources and...

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