The commercial value of a patent lies not only in the right to exclude others from using the patented invention but in the capacity to transfer, assign and transmit that right to move it through the marketplace as a fungible asset that can be bought, sold, mortgaged, inherited and incorporated into the complex webs of […]
Patent Assignment and Transmission in India – Section 68 and 69 Read More »
Among the most practically significant yet doctrinally complex provisions of the Patents Act, 1970 is Section 107A, inserted into the Act by the Patents (Amendment) Act, 2002. In the two decades since its insertion, Section 107A has become one of the most contested and commercially consequential provisions in Indian pharmaceutical patent law, engaging questions that
Few obligations in Indian patent law are as frequently misunderstood, as consistently neglected and as consequential in their implications as the requirement to work a patent in India. The Patents Act, 1970 does not treat the grant of a patent as the end of the patentee’s obligations to the public it treats it as the
Working of Patents in India – Section 83, Form 27 and Consequences Read More »
High Court of Delhi | Justice S. Ravindra Bhat | Date of Decision: 17.09.2008 Case Number: IA No. 2352/2008 in CS (OS) 344/2008 BACKGROUND The plaintiffs comprise a Delaware-incorporated company and its subsidiaries incorporated in the United Kingdom and India, engaged in the manufacture and marketing of toys, games and consumer products. Among their well-known
Mattel Inc. & Ors. v. Mr. Jayant Agarwalla & Ors. Read More »
High Court of Delhi | Justice S. Ravindra Bhat | 7 January 2010 I.A. Nos. 12940/2009, 12941/2009 & 12942/2009 in CS(OS) 1894/2009 BACKGROUND The plaintiff, ITC Limited, is described in the pleadings as one of India’s largest private sector companies with an annual turnover of Rs. 23,144 crores, engaged in diverse businesses including hotels,
ITC Limited v. Philip Morris Products SA and Others Read More »
Court: High Court of Calcutta | Date of Decision: 11 April 1996 Citation: AIR 1996 CAL 367; (1997) 1 CALLT 123 (HC); 100 CWN 562; (1996) 100 Cal WN 562; (1997) 2 CivLJ 302 BACKGROUND The plaintiff, Hindusthan Lever Limited, is a leading Indian manufacturer of soaps, detergents, cleaning preparations, chemicals and fertilisers, holding over
Hindusthan Lever Limited v. Godrej Soaps Limited and Others Read More »
India’s accession to the Patent Cooperation Treaty on December 7, 1998, fundamentally transformed the landscape for both inbound and outbound patent filings. For Indian applicants seeking protection across multiple jurisdictions, the PCT provides a single-window mechanism of unmatched procedural efficiency. For foreign applicants targeting the Indian marketone of the world’s most consequential pharmaceutical, technology and
Chapter VIII of The Copyright Act, 1957 i.e. rights of broadcasting organisation and of performers in section 37 deals with Broadcast reproduction right and in section 38 with Performer’s right. The Copyright Act, 1957 is principally understood as a statute that protects authors, composers, writers, painters and filmmakers who create original works Yet creative industries
Performer’s right and Broadcast reproduction right under The Copyright Act, 1957 Read More »
The administration of copyright in creative industries has never been a matter that individual rights holders can manage alone. A composer whose work is performed across thousands of radio stations, hotel lobbies, restaurants and streaming platforms simultaneously cannot possibly negotiate individual licences with each user, monitor unauthorised performances or collect royalties from each source. It
Copyright Societies in India : Statutory Architecture of Sections 33 to 36A Read More »
High Court of Delhi at New Delhi | Decided: 12 December 2019 W.P.(C) No. 7 of 2014 & CM APPL. 40736/2019 Bench: Hon’ble Justice Prathiba M. Singh Citation: 2019 SCC OnLine Del 11867 Background Ferid Allani, a citizen of Tunisia, filed a patent application bearing No. IN/PCT/2002/00705/DEL through the Patent Cooperation Treaty route, seeking grant