Sunday, November 29, 2020

Court rejected an argument that the right given to a patentee under Section 48 of the Patents Act, 1970 would not cover manufacture undertaken solely for the purposes of export and held that the protection provided under the said provision could not be whittled down to cover only domestic manufacture and sale. IN THE HIGH […]

  Court while finding a case of “ever greening” under Section 3(d) of the Patents Act to have been made out, denied an interim injunction to the plaintiff in the said case even though a valid patent had been granted to the said party inasmuch as the defendant was able to make out a strong […]

The Court held on an examination of Section 62(2) and Section 11A (7) of the Patents Act that no infringement action is maintainable in respect of an unregistered or revoked patent. Further, though a patent may have been published, the Court held that no infringement action could be maintained till the patent is granted, though […]

While examining the contours of prior publication in the context of an application for registration made under the Insecticides Act, 1968, the Court held that in terms of Section 30 of the Patents Act, 1970 (‘Patents Act’), a disclosure made to a government department or to any other authority would not constitute prior publication.   […]

Monsanto Bt Cotton: Delhi HC Holds That CCI ‘s Jurisdiction To Hear Complaints Regarding Abuse of Dominance In Respect To Patent Rights Not Excluded [Read Judgment] Karan Tripathi 20 May 2020 5:38 PM While highlighting that there’s no conflict between the Patents Act and the Competition Act, the Delhi High Court has held that the […]

Delhi HC Suspends The May 04 Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By May 18 [Read Order] Karan Tripathi 12 May 2020 11:35 AM Delhi High Court has suspended the operation of the May 04 order of the Controller General of Patents, Designs […]

(2019) AIR(SC) 559 : (2019) 2 BCR 360 : (2019) 1 Scale 234 : (2019) 2 SCJ 82 SUPREME COURT OF INDIA DIVISION BENCH MONSANTO TECHNOLOGY LLC THRU THE AUTHORISED REPRESENTATIVE MS. NATALIA VORUZ AND OTHERS — Appellant Vs. NUZIVEEDU SEEDS LTD. THROUGH THE DIRECTOR AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and Navin Sinha, […]

  In a very welcome and significant development, on July 11 this year, a Division Bench of the Delhi High Court set aside two interim injunction orders granted by a Single Judge against Natco, for having been passed without the Court forming an opinion on the three elements of the well-settled test for interim injunctions i.e. prima facie case, […]

Patent (Amendment) Rules, 2019 Notified Last Updated: 8 October 2019Article by Aditi Verma Thakur, Pooja Nair and Swapnil JainIndusLaw Your LinkedInConnections at Firm 1. INTRODUCTION On 17th September 2019, the Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry notified the Patent (Amendment) Rules, 2019 (the “New Rules“) after seeking comments and feedback from the general public […]

The contours of “prior publication” in the context of an application for registration made under the Insecticides Act, 1968, the Court in held that in terms of Section 30 of the Patents Act, 1970 (‘Patents Act’), a disclosure made to a government department or to any other authority would not constitute prior publication. IN THE […]

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