Free Online Articles Directory
Home Page  Sudhir Kumar |
|||||
 |
 
Author is an Advocate and Patent and Trademark Attorney with Aswal Associates, Attorneys at law & Intellectual property, New Delhi, India and can be reached at sudhir@aswal.com. Author is a member of APAA, Delhi Bar Council, Delhi High Court Bar Association and Supreme Court Bar Association.
Sort By: Date | Popularity
 Supreme Court of India adjudicates on dichotomy introduced for the first time by the Patents (Amendment) Act, 2005, in the Patent LawSupreme Court of India in its civil appellate jurisdiction adjudicated on a Patent dispute titled J. Mitra & Co. Pvt. Ltd. versus Asst. Controller of Patents & Design. & Ors.The Supreme Court granted the leave and directed the High Court to adjudicate the matter in interest of justice for only two appeals of such kind were pending in the High Courts. The special circumstances arises because of dichotomy introduced for the first time by the Patents (Amendment) Act, 2005 PATENT FILING REQUIREMENTS IN INDIATo minimize the cost of Patent filing and prosecution in India, there are number of things an attorney should take in to account. In the event you are filing a PCT national phase application, provide your associate in India following information: SAMSUNG CHALLENGES CONSTITUTIONALITY OF INDIA'S CUSTOMS REGULATIONS GOVERNING IMPORT OF IP GOODSSamsung India Electronics Pvt. Ltd, Indian arm of Samsung Electronics Co. Ltd has challenged the constitutionality of India's customs regulations governing the import of IP goods in Delhi High Court by filing a writ petition. Samsung India is aggrieved by action of the Indian customs department that is not clearing its imports of dual-SIM-card mobile phones in view of application for registration of patent rights filed by the patentee in respect of similar technology with custom office. Tradedress and Its Interpretation by Courts in IndiaTrade dress refers to characteristics of the visual or sensual appearance of a product that may also include its packaging which may be registered and protected from being used by competitors in relation to their business and services. The characteristic includes their shape (3 dimensional), packaging, colour, graphic design or even the smell of the product. Yahoo!’s Yodel First Sound Mark Granted in IndiaYahoo!’s yodel became the first sound mark to be granted by Indian Trade Marks Registry. As per the provision of the Indian Trade marks Act a ‘Trademark’ means a mark capable of being represented graphically and which is capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. It also denotes the origin of goods and carries goodwill of the business in respect of which it is used. Patent Application for Pediatric Anti-aids Drug Nevirapine RejectedPatent office of India located at New Delhi rejected a patent application by German drug major Boehringer Ingelheim claiming syrup form of anti-AIDS drug nevirapine. The base salt i.e. Nevirapine was invented in 1989 by Boehringer Ingelheim and was not patented in India. Later on Boehringer Ingelheim filed an application for registration of syrup form of anti-AIDS drug nevirapine. After publication of application in the Indian Patent Journal the Indian Network of People Living with HIV/AIDS Supreme Court Allows Appeal of Entertainment Network (india) Ltd. “radio Mirchi” and Refers Matter Back to Copyright Board for Compulsory LicenseM/s Entertainment Network (India) owner of FM Radia “Radio Mirchi” Ltd filed an appeal in the Supreme Court against M/s Super Cassette Industries Ltd owner of “T-Series” brand. The matter involved interpretation of Section 31 of the Copyright Act, 1957. Supreme Court was of the opinion that the order of the Board should be set aside and the matter be remitted to the Board again for the consideration of the matter afresh on merit and on those terms appeal was allowed. Supreme Courts Bars Challenge to “peter Scot” on Principles of Acquiescence And/ or WaiverKhoday Distilleries Limited (Now known as Khoday India Limited) filed an appeal against judgment and order dated 12th October, 2007 passed by a Division Bench of the High Court of Judicature at Madras in Trade Mark Second Appeal (TMSA) No. 2 of 1998 affirming the judgment and order dated 25th September, 1998 passed in
T.M.A. No.3 of 1989 whereby and whereunder an appeal preferred by the appellant herein under Section 109 of the Trade and Merchandise Marks Act, 1958 arising out of an order date Temporary Breather Against Criminal Prosecution for “lakhani” for False Lodging Complaint Under Copyright as Well as Trademark ActLakhani Rubber Udyog Ltd. Manufactures Hawai Chappel. They are registered owners of a trademark. Lakhani Rubber Udyog Ltd. filed a complaint with the Senior Superintendent of Police, Jallandhar against M/s. Saraswati Utpadan Pvt. Ltd. alleging that they are marketing inferior goods with the label 'Lakhani' illegally and requesting action under Section 63 of the Copyright Act read with Section 78-79 of the Trade and Merchandise Marks Act, 1958. On enquiry the complaint was found to be incorrect Challenge to a Provision Accrued Before it is Repealed is Maintainable if the Repealing Act is SilentRecently Supreme Court of India in a landmark judgement as to interpretation of Indian Patents Act and to the maintainability of challenge to a provision after it is repealed, held that challenge to Controller’s refusal to application for Exclusive Marketing Rights of GSK is maintainable even though the Act under which EMR application could be granted was repealed on January 1, 2005
|
 |
|||
|
Article Categories
|
|
||||
|
|
|||||
