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Tribunal reforms & Patents Act

Tribunals Reforms Ordinance 2021 and amendments to the Patents Act, 1970

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…
April 6, 2021 Intellectual Property, Patents 0Comment 1427Views 0Like
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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…
April 5, 2021 Copyrights, Geographical Indications (GI), Intellectual Property, Patents, Plant Varieties, Trademarks 0Comment 1135Views 1Like
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Weekly Patent News

China top patent filer in 2020, India ranks 13th; IPAB’s future in limbo and more

Industry groups urge government to rethink decision on abolishing IPAB; Nokia and Samsung sign a patent licensing agreement; Intel asked to pay $2.18 billion in patent infringement case; China remains top patent filer in 2020, filings grow despite pandemic; Ricoh joins WIPO GREEN Indian Patent News Industry groups urge government to rethink decision on abolishing IPAB According to The Economic Times, a group of industry associations on intellectual property has asked the government to reconsider its proposal…
March 14, 2021 Intellectual Property, Patents 0Comment 822Views 0Like
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The featured image shows a hammer and a gavel. This image has been added to the post to symbolically represent the decision of a Court in the patent case mentioned here

Can a delay in filing a PCT National Phase application in India be condoned? An interesting case on Rule 138 of The Patent Rules, 2003 (Amendment 2016)

Honorable Justice Vibhu Bakhru of the Delhi High Court (DHC) recently passed a ruling in the case of Tryton Medical Inc. Vs.. Union of India and Ors. (W.P.(C) 195/2017 and C.M. No. 888/2017). The instant case arose out of a petition filed by Tryton Medical Inc., (hereafter referred to as Tryton or Applicant or Petitioner) with the DHC, praying that the Court issue a writ of mandamus or any other appropriate writ, directing the Respondents in the case to comply…
July 26, 2017 Intellectual Property, Patents 0Comment 1007Views 0Like
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Medicines pharma x

Lee Pharma v. AstraZeneca- An unfinished Patent Story

Compulsory licensing cases and India have a peculiar relationship. They are in a way, soul sisters in the world of Intellectual property. Section 84 of the Patents Act, 1970 has always been the subject of intense debate. It hasn’t been very long since India issued its first ever compulsory licence to Natco Pharma, an Indian generic company, for Bayer’s blockbuster anti-cancer drug Nexavar (Sorafenib) in March 2012. Two other CL applications followed the Nexavar case, one relating to Roche’s Herceptin…
September 4, 2015 Intellectual Property, Patents 0Comment 2731Views 0Like
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Basmati Rice x

Geographical Indication Registration of Basmati Rice

  Application No 14 for the registration of Geographical Indication (GI) of "Basmati Rice" was filed on 19th August 2004 in Class 30 by M/s Heritage, Haryana under the Geographical Indications of Goods (Registration and Protection) Act 1999. India and Pakistan had agreed to protect the GI of Basmati rice varieties covered by EC Regulation 1549/2004 as detailed in Council decisions 2004/617/EC and 2004/618/EC, when GI application was filled before the Registry. Basmati is the name given for certain varieties of…
June 29, 2015 Geographical Indications (GI), Intellectual Property 0Comment 1047Views 0Like
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This image depicts the registered trademark logo. It is relevant here as the post is about the dispute regarding trademark registration between Hypnos and PEPS . Click on the image to read the full post.

Case Review: Hypnos Ltd. v. PEPS Industries Pvt. Ltd. & Ors

Citation : ORA/126/2012/TM/CH, Order dated 16th April, 2015 Parties Involved : Applicant : 1. Hypnos Limited (UK) Respondents : 1. Hosur Coir Foam Pvt. Ltd. 2. Peps Industries Pvt. Ltd. 3. The Registrar of Trademarks, Trademarks Registry, Chennai Brief Facts : The Applicant, a UK based family run bed manufacturing company, filed a rectification petition to cancel the registration of the ‘HYPNOS’ trademark owned by Respondent No. 1 under Class 20.…
April 24, 2015 Intellectual Property, Trademarks 0Comment 829Views 1Like
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mattress

PEPS victorious in Trademark Battle against UK bed manufacturer

A two-year-long trademark litigation between Peps, the largest spring mattress company in India, and a UK bed manufacturer, has culminated with the Indian bed manufacturer emerging victorious! The Trademark Rectification suit was initiated in 2012 by HYPNOS, UK, for removal of the registered and highly popular ‘HYPNOS’ mark of Peps, from the Trademark Registry. The British Company claimed that the mark was famous in India owing to the spill-over of its trans-border reputation. In retaliation, Peps contested HYPNOS UK’s claim that…
April 24, 2015 Intellectual Property, Trademarks 0Comment 553Views 1Like
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