Divisional application practice before the Indian patent office

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In a recent decision issued by the IPAB, the division bench comprising of Justice Prabha Sridevan with technical member, DPS Parmar – has reiterated the divisional practice that is supposed to be followed before the Indian patent office.  See decision: The basis of a divisional application is the existence of a plurality of invention. This is a sine qua non for seeking a division of an application.   The decision puts a formal stop to the practice of filing multiple […]

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Guest Post: A Step Forward and a Step Back for the Print Disabled

/ By / Copyright

We are happy to bring our readers our first guest post entry from our SpicyIP Fellowship applicants.Snigdha Roy, a 3rd year student from Gujarat National Law University, discusses some of the problems that modern copyright law has presented to the print disabled. She notes the mixed success of efforts with welcome new Amendments in India’s Copyright law on one hand and the failure of the International Treaty of the Blind to make any headway on the other hand. A STEP

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November 2012: Controller’s decisions at the IPO

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In the month of November, 2012 the Controller’s offices issued 102 decisions.  Out of these 102, 56 decisions were granted (including deferred, time allowed), 46 refused (including abandoned and withdrawn) and no file uploaded for the remainder (4). Some interesting decisions: The decisions for application of sections 57, 59 of the patents act 4387/CHENP/2006, makes for an extremely interesting read!  6067/DELNP/2005 is also very interesting from a section 3(k) perspective.   APPLICATION NUMBER APPLICANT Decision / Issue CONTROLLER 3276/CHENP/2006 DOW GLOBAL

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Weekly Wrap (December Week 1)

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The week began with Swaraj’s post on the lack of transparency surrounding the World Conference on International Telecommunications (WCIT) being held from Dec 3rd to 14th, 2012. An agency of the UN known as “International Telecommunication Union” (ITU) is hosting the WCIT to go over and revise the decades old International Telecommunication Regulations (ITRs) which govern standards and regulations for information and communication technologies. The preparatory documents to the meeting have been very secretive, with only member governments and a

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SpicyIP Announcements: NLSIR Public Symposium on ‘Delimiting Media Freedoms’

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SpicyIP is pleased to announce the NLSIR Public Law Symposium on “Delimiting Media Freedoms: Discovering the ‘Delicate Balance’ Between Article 19 and Article 21” to be held on December 22, 2012. Last year, the editorial board of NLSIR spearheaded the first edition of the Public Law Symposium on the “Adjudication of Socio-Economic Rights by the Supreme Court of India” in an effort to initiate a systematic study of public law jurisprudence in India. The theme of the symposium this year

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First SpicyIP Fellowship

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SpicyIP is pleased to announce the first SpicyIP Fellowship for researching and writing on developments in the Indian intellectual property rights and innovation policy scenario. The 2013-2014 fellowship is open to all interested students and carries a stipend of Rs. 15,000.[Edit: Please note, the fellowship is now opened to all interested parties and not just ‘students and recent graduates’]  What are we looking for? As our mission statement reads, our writers are bound by an interest in fostering a more transparent,

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Single Bench judgment in Star India set aside

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In its judgment dated 3rd December, 2012, the Division Bench of Delhi HC comprising of Justice Pradeep Nandrajog and Justice Manmohan Singh set aside the Single Bench judgment dated 8th November, 2012 in Star India Pvt. Ltd v. Piyush Aggarwal  & Ors. on the ground of serious procedural flaws. [We blogged on the aforesaid Single Bench judgment here and here.] The Division Bench, vide its judgment, restored the civil suits along with all the pending applications which included the application

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FICCI announces online certificate course on intellectual property

/ By / Others

  The Online Certificate Course on Intellectual Property (IP) started by Federation of Indian Chambers of Commerce and Industry (FICCI) has been much appreciated by the participants of the Course. The next Online Course would be conducted from January – March 2013. Registration for the same has started from 1st December 2012.  The details are: Course Duration:                             3 Months Registration Start Date:              

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DU Photocopy Review: The Melody of Justice

/ By / Copyright

In an earlier post, we’d highlighted how an unfortunate grammatical construct led to an order against Delhi University (DU) and Rameshwari Photocopy.  While the restraining order was directed effectively only against Rameshwari, the alleged “admissions”/”undertakings” of DU to the affect that they would not commit any infringing acts complained of by the plaintiffs in the suit were recorded in the order.  Aggrieved by this recordal, DU approached an appellate bench of the Delhi High Court consisting of Justices Pradeep Nandrajog

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Meeting on the Future of the Internet – Mired in lack of transparency

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Level of Transparency these days depicted above Why is transparency such a difficult proposition nowadays? It seems to be constantly popping up as an issue in nearly any large bureaucratic process. There are only two possible answers of course – either a belief that true democracy (which requires information as a basis for choices) is untenable as a governing mechanism, or that democracy is undesirable to those “leaders” unwilling to conduct transparent proceedings. I would lean towards the latter. For those more

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