The Extent of Claim Amendment Allowed in a Patent Application: Part 2

/ By / Patent

Continuing on from the previous blogpost, we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduced the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In this second part, […]

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"Amendment"

The Extent of Claim Amendment Allowed in a Patent Application: Part 1

/ By / Patent

We’re pleased to bring to our readers a 2 part post by Amit Tailor on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduces the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In the second part, Amit argues that

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WIPO members approve two diplomatic conferences on designs and genetic resources/TK protection

/ By / Others, Patent

The WIPO General Assembly, on July 21, 2022, approved to move to diplomatic conferences for two proposed international agreements –  one, covering protection of designs and the other, on intellectual property (IP), genetic resources and traditional knowledge (TK) associated with genetic resources. Diplomatic conferences are negotiating rounds which can result in the adoption of multilateral treaties. WIPO members have approved convening of diplomatic conferences for the two proposed treaties no later than 2024. Proposed Design Law Treaty The proposed Design

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No change, no gain: Reflecting on post-grant opposition timelines

/ By / Patent

Last week we blogged about two post-grant oppositions against Novo Nordisk’s patent that have been pending for eight years. While the Delhi High Court (single judge) directed the Controller to finally hear and decide the matter by September 30, 2022, Sandeep Rathod in his comment here, pointed out that the patentee appealed the Single Judge decision before a Division Bench. It appears that this appeal was then withdrawn by the patentee midway while arguing! Sandeep has also written about post-grant

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Questionable practices leading to delays in post-grant oppositions: Novo Nordisk v UOI

/ By / Patent

A recent decision of the Delhi High Court, in Novo Nordisk AS v. Union of India (July 5, 2022), brings back to light the problem of delays in post-grant oppositions in India. Prashant’s post here, discusses broader policy problems with respect to delayed oppositions. As noted, a very small per centage of patents are actually commercialised and  an opposition usually signifies that the patent at issue has underlying economic value (compared to uncontested applications). So keeping an opposition pending for

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Kerala HC directs DPIIT to consider representation for issue of Compulsory License for Breast Cancer Drug

/ By / Patent

The Kerala High Court vide Order dated 14 June 2022 directed the Department for Promotion of Industry and Internal Trade (DPIIT) to consider the representation for issue of compulsory license for the drug Ribociclib. Background The writ petitioner is a breast cancer patient. She filed a writ petition in the High Court of Kerala arguing that the treatment costs Rs. 63,480/- per month out of which Ribociclib alone costs Rs. 58,140/- per month. According to the petitioner, Ribociclib is not

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Extension of the Deadline for the 3rd Shamnad Basheer Essay Competition

/ By / Others

With several requests for extensions coming in, we’ve decided to extend the deadline for the 3rd Shamnad Basheer Essay Competition (2022). The new deadline is 24th July, 2022 (11:59pm IST). As a reminder, this year’s edition is open to recent graduates as well as current law students. And thanks to an anonymous donor, the prize money has been increased as well. As always, the topic is open to anything within the larger IPR sphere – the more creative, the better.

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Sale of existing stock in trademark disputes: Interim confusion?

/ By / Trademark

In a recent pharma trademark infringement and passing off dispute, the Delhi High Court permitted the defendant to sell its existing stock (pending further orders) without vacating the interim injunction against the defendant. The Delhi High Court characterised this arrangement as an ‘interim arrangement’ required to serve public interest. Facts Respondent / plaintiff (M/S Laborate Pharma) had filed a suit against the appellant / defendant (Alkem Labs) alleging trademark and copyright infringement and passing off with respect to its registered

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A meme about UNO where in one picture the card says "Come up with a robust and prompt solution to the IP challenges during the Pandemic or draw 25" and in next picture the player is holding 25 cards.

WTO Decides on the Access to COVID-19 Vaccines: Is Late as Good as Never? 

/ By / COVID-19, Patent

[This post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is an attorney at IRA Law and a former Senior Resident Fellow at Vidhi. Rahul is a Rhodes Scholar (2018) and has worked as a law clerk for Justice D. Y Chandrachud (2020-21). He has also blogged for us in the past and was the SpicyIP Fellow for 2016. Readers can access posts by Rahul here. Views expressed in the post are personal] Since the TRIPS waiver was

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Old Is No Longer Gold: Do Copyright in Films/Songs Expire with the 60 Year Limit?

/ By / Copyright

We are pleased to present this piece by Mr. Rajesh Kumar and Ms. Akanksha Badika on the unresolved issues surrounding the term of the copyright in sound recording/cinematograph film and underlying work(s) under the Copyright Act, 1956. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Legal Executive at Bhansali Productions, Mumbai (a film production house). Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating

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