May
2017
Published in: Lex witness | May 2017
Well Known Mark Provision - A Simmering Pot!!
Through a series of amendments to the Patents Act, 1970 in the years 1999, 2002 and 2005, India has complied with its obligations under the ‘Agreement on Trade-Related Aspects Of Intellectual Property Rights’ of the WTO, commonly known as ‘TRIPS’. The 2002 Amendment Act to the Patents Act, 1970, which amended Section 2(j), was enacted to bring the definition of ‘invention’ under the Patents Act, 1970 in consonance with that under TRIPS. Pursuant to the Patents Amendment Act, 2002, the definition of ‘invention’, prescribes ‘industrial application’ as one of its fundamental requirements, and discards the necessity of the invention involving a ‘manner of manufacture’
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Apr
2017
Published in: Lex witness | Apr 2017
Patentability of The Medical ‘Pro’(S) – Pro-Duct V. Pro - Cess
Recently, on 3 March 2017, the new Trade Marks Rules, 2017 (“New Rules”) came into effect. The New Rules replaced the Trade Mark Rules, 2002. The New Rules brought about certain sweeping changes, which included- (i) revision of official filing fees; (ii) consolidation and re-categorization of trade mark filing forms; (iii) mandatory filing of statement of in new applications where use is being claimed and (iv) expedited processing of application. However, one of the most important and potentiallycontroversial (if not already controversial) additions is Rule 124 of the New Rules.
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Mar
2017
Published in: Lex witness | Mar 2017
Claiming Copyright in Engineering Drawings Pending Patent Protection
Alarge time lag between filing a patent and its grant is now almost engraved in the patent regime in India. Given the relatively short commercial shelf life of inventions in a world brimming with innovation, most inventions lose their relevance by the time a patent is granted in India.
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Feb
2017
Published in: Lex witness | Feb 2017
Landmark Judgment Interpreting Summary Judgment provisions applicable to Commercial Disputes
The Division Bench of the Delhi High Court, in the case of Bright Enterprises Private Limited & Anr. v. MJ Bizcraft LLP & Anr., has recently passed a landmark judgment that discusses and interprets the provisions relating to “Summary Judgment” as contained in the Code of Civil Procedure, 1908, as amended (“CPC”).
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