Tag Archives: Writ

Patent

Looking at the Ferid Allani Order on Software Patents

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"Technically Moses is the first man to download files from the cloud using a tablet"

Who would have thought a Tunisian citizen would end up having a couple of major impacts on the Indian IP landscape? Yet, Ferid Allani, in his quest to get a patent on a “method and device for accessing information sources and services on the web” has inadvertently done just that. Back in 2008, in the course of an appeal against the IPO’s deeming of the patent to have been abandoned, Justice Gita Mittal of the Delhi High Court, passed an…


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Patent

Breaking News: Madras HC Upholds Kibow’s Probiotic Patent on Renadyl

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In a significant development for Indian patent law, the Madras High Court dismissed a writ petition challenging an IPAB order that effectively upheld a probiotic patent. This is one of the rare Indian cases, where a patent has been upheld by the IPAB and that order has effectively been validated by a High Court. Very well-reasoned, this decision by Justices R. Subbiah and C. Saravanan has important propositions for both patent law and administrative law. But first some background. As we’d…


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Others

Transfer of IPR cases stayed by the Delhi High Court

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Two writ petitions (filed by Vifor International Limited and Asian Patent Association (Indian Group) have been filed against the Registrar General of the Delhi High Court’s order dated 24.11.2015 with effect from 26.10.2015. On December 3, 2015 a division bench of the Delhi High Court held that the proviso to section 7 of the Commercial Courts, Commercial Divisions and Commercial Appellate Division of High Courts Ordinance, 2015 (“Commercial Courts Ordinance/Ordinance”) requires consideration but until the next date of hearing (January…


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Trademark

A flowery matter: Madras HC on the Orchid trademark dispute

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Background Litigation over the ‘orchid’ trademark between Kamat Hotels and The Royal Orchid Hotels  (‘ROH’) continues. This dispute has been covered by Prashant here and here. After losing at the IPAB, Kamat Hotels filed two writ petitions before the Madras HC. Without using flowery words, the Madras HC dismissed these petitions. Though this was a ‘writ petition’ filed under Article 226, it reads more like an appeal. As we know, Article 226 is an extraordinary remedy intended to be applied in exceptional…


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Patent

Madras High Court strikes down amendment to S.126 of Patents Act

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As discussed in our previous post, this post brings forth our analysis of some aspects of this important judgment.  The judgment was provided to us by Mr. S.P. Chockalingam, the petitioner in the case.  The judgment may be accessed directly here (Writ Petition 8472 of 2006). The judgment declares the amendment introduced to Section 126 of the Patents Act, 1970, by Section 67 (a) of the Patents (Amendment) Act, 2005 as illegal, unconstitutional, ultra vires and void.  Basically it allows all…


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