Guest Post: The Power of IPAB to Stay the Operation of Patent

by Mathews P. George. Mathews is a fourth year student of WBNUJS. He has previously posted on “Originality and Fair Dealing”. The Intellectual Property Appellate Board (hereinafter IPAB), on the 13th of July, suspended the operation of patent held by Ramkumar. Professor Shamnad Basheer has discussed the development here. In this post, we shall discuss the vires of this Order.The Order Sheet states as follows: “Counsel for the applicant present. Despite service of notice in M.P. Nos. 11 & 12/2009,…

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Yet another Sound Mark Granted

The first sound mark was obtained in India in August, 2008 by Yahoo for its famous “yodel”. (Refer to a previous post on the same).This trend in favour of granting non-conventional trademarks has been further strengthened with the registration of a sound mark for Allianz Aktiengesellschaft, a German Company (Allianz). Allianz was represented by Fox Mandal Little. Another sound mark for Allianz is through with the prosecution and is expected to be granted the registration certificate very soon. These marks…

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Competition Law Patent

Part I: European Commission’s Competition Inquiry into the Pharmaceutical Sector

The investigation into the anti-competitive conditions in the pharmaceutical sector was begun by the European Union Commission on January 15, 2008. The Preliminary Report was released in December 2008 (Refer to previous post titled “Prelim report points to anti-competitive practices in EU’s Pharma industry”). The investigation; “Pharmaceutical Sector Inquiry” launched by the Commission under Article 17 of Regulation 1/2003 (of 16 December 2002) on the implementation of the rules on Competition laid down in Articles 81 and 82 of the…

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Patent Office to issue Electronic Notifications

The Consultative Working Group on Patents, Designs, Trade Marks system in India is constituted by the Federation of Indian Chambers of Commerce and Industry. The group is constituted to highlight the concerns of the Indian Industry in relation to Intellectual Property to the Government. Numerous changes have been brought about by the recommendations of the working group in the working of the intellectual property regime in India. To name a few; a separate wing was established in the Mumbai Patent…

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The USIBC Report on Incremental Innovation: An Analysis

Section 3(d) of the Patents Act, 1970 is a unique provision in the Act which seeks to prevent ever greening of patents by preventing the patenting of new forms of known substances which do not have enhanced efficacy. The provision was intensely debated upon and discussed in the context of the 2007 decision of the Madras High Court in the case of Novartis AG v. Union of India, (2007) 4 MLJ 1153. Novartis alleged that the use of expressions like…

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