TRIPS Compliance

Divisional Patent Application in India: Section 16 Explained

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Divisional Patent Application in India Section 16, Unity of Invention and the Post- Boehringer and Syngenta Legal Landscape Among the more technically demanding areas of Indian patent prosecution, divisional applications occupy a position of outsized practical importance. The ability to divide a patent application to carve out one or more inventions embedded in a parent

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Collective Marks and Certification Marks under Indian Trademark Law

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Trademark law, in its conventional form, operates on a straightforward premise: a single proprietor owns a mark and uses it to distinguish their goods or services from those of others. The legal rights that follow from registration are personal, exclusive and commercially exploitable by that proprietor alone. Yet commerce is not always organised on this

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Raj Kumar Prasad & Anr. v. Abbott Healthcare Pvt. Ltd.

Leave a Comment / Landmark Judgements on Trademarks

Decided: 10 September 2014 FAO(OS) 281/2014 Bench: Hon’ble Mr. Justice Pradeep Nandrajog & Hon’ble Ms. Justice Mukta Gupta Background Abbott Healthcare Pvt. Ltd. is a wholly owned subsidiary of Abbott Laboratories, Chicago and is engaged in the manufacture and sale of pharmaceutical products in India. The trademark ‘ANAFORTAN’ had originally been used by Khandelwal Laboratories

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Trademark Prosecution and Opposition in India: From Application to Registration under the Trade Marks Act, 1999

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A trademark is, in commercial terms, the face of a business. It is the element that consumers reach for when they navigate a crowded market the word, symbol, logo, shape, or combination that tells them who made the goods or provided the service they are about to buy. The legal protection of that commercial identity

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Indian Copyright Law and the Berne Convention

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International intellectual property law rests on a web of multilateral treaties and conventions that establish minimum standards of protection, define reciprocal obligations among member states and create the framework within which domestic copyright systems operate. At the centre of this web, for copyright, is the Berne Convention for the Protection of Literary and Artistic Works

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Trademark Dilution in India – Blurring and Tarnishment

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Trademark law, in its traditional formulation, is concerned primarily with consumer confusion the risk that the use of a similar mark will mislead consumers about the commercial origin of goods or services. The likelihood of confusion standard, which pervades the examination of relative grounds under Section 11, the infringement enquiry under Section 29 and the

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Defences to Patent Infringement – Section 107 and Beyond

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Patent infringement litigation in India, as in every major patent jurisdiction, is rarely a simple contest between an unimpeachable patent and an undeniable act of infringement. The defendant in a patent infringement suit has available to it a range of defences    statutory, equitable and procedural that can defeat or substantially limit the plaintiff’s claim even

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Patent Infringement in India: What Constitutes Infringement under Section 48 of the Patents Act, 1970

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A patent, at its core, is a bargain between the inventor and the state. The inventor discloses the invention to the public in full; the state, in return, grants a limited monopoly for twenty years. The value of that monopoly depends entirely on how effectively it can be enforced. An unenforceable patent right is no

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