Monday, February 24, 2020

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 […]

In Mylan Laboratories v. Union of India, DEL HC, HELD ” This Court is of the view that the doctrine of necessity has to be invoked in the present case. The legislative intent is of the continuity of IPAB and not its cessation because of a vacancy in its technical membership. If the post of […]

(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, […]

The Supreme Court characterizes the subject matter of the case — an inquiry into whether Nuziveedu was infringing Monsanto’s patent — as scientific and “technically complex”. It reasons that such cases require expert evidence and examination of witnesses, in preference to relying on material which is publicly available and, for the most part in this […]

  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 […]

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