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…
This post was first published on May 30, 2012 .
As we have previously reported, both the Houses of the Parliament passed the Copyright Amendment Bill 2012 in quick succession with overwhelming support from the opposition. The Bill is now awaiting the President’s assent and a gazette notification to become a law. The Bill has undergone many changes based on the recommendations of the Standing Committee and offers a scheme of provisions different from its previous version (the Bill…
This post was first published on July 10, 2014.
Now that we have had a look at the trademark filing process in the previous post, we will move on to discuss the trademark examination process.
The process followed in the trademark registration process may be seen in the flow chart below (please click on image to view clearly):
Continue Reading An In-Depth Look at the Trademark Registration Process – Part IV
This post was first published on 22nd January, 2011.
Patentable Subject Matter
The discussion with respect to patentability of biotech inventions in Europe has been limited to the European Patent Convention (EPC). As per the European Patent Convention, any invention is patentable unless it falls within the list of excluded inventions. According to Article 52 of EPC, any invention irrespective of the technology to which it belongs can be considered as patentable subject matter so long as it is new,…
Patentability of Biotechnology Continue Reading Patentability of Biotechnology Inventions in India
This post was first published on 2nd July, 2014.
A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Hence for a mark to be registered as a trademark under the Trade Marks Act, 1999, it has to satisfy three requirements which include:
It should be a mark
It should be capable of being represented graphically
It should be capable of distinguishing the goods or…
This post was first published on 22nd August, 2014.
The Controller General of Patents, Designs and Trademarks (CGPDTM) published the revised draft guidelines for the examination of patent applications in the field of Pharmaceuticals on August 12, 2014. The main intention of said guidelines was to bring in a uniform practice for the examination of patent applications relating to the Pharmaceutical field.
Earlier in the month of February, the CGPDTM had published the draft guidelines with regard to this and had…
This post was first published on 22nd June, 2012.
1. Have a business? Applying for a trademark is a sheer waste of time. You must already be busy with routine chores of the business. Thinking of adopting a mark and going through the entire process of getting it registered is just tiresome and unnecessary. Business will boom if it has to.
2. If you are thinking of a name for your mark, trying to adopt a descriptive name as your trademark will…
This post was first published on July 15, 2014.
How is the novelty of an invention established? Another question with a similar connotation is - How does one determine if an invention is anticipated? Simple. Let's see if something exactly alike exists. Apparently, the district court of the District of Arizona didn't think so.
We'll look at a case that will put to rest a lot of doubts surrounding the anticipation of inventions. The case, Net MoneyIN, Inc. v. Verisign,…
This post was first published on July 07, 2014.
In furtherance to the earlier post, related to trademark classification and search, we will now discuss the trademark filing process.
The procedure for registration of trademarks is contained in Section 18 to 26 of the Trade Marks Act, 1999 and Rules 25 to 62 of the Trade Marks Rules, 2002. A trademark application should be filed in the office of Trade Marks Registry within whose territorial limits the principal…