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Specifics of international private law

With the dawn of this new decade, we are seeing the emergence of technologies that will have a radical impact on the existing IP landscape. We are witnessing a technological revolution that is consistently altering the way we live, work, and relate to one another. With computers on our palms keeping us connected globally 24*7, to the increasing power of social media that is capable of tumbling governments, it is unlike anything that the human kind has experienced before. While we...

In the era of knowledge-driven economy, Intellectual Property Right is a key consideration in day to day business decisions. Also, as the world grapples with the clutches of the deadly Novel Corona Virus (COVID-19), we must keep in mind that Intellectual Property and innovation is and will be in the forefront as we fight against this pandemic. Coming to the topic of deliberation, we all are aware that SMEs play a significant and vital role in sustaining an economy. As per...

In April, 2021 India got hit by the second wave of Corona Virus spread leaving lacs of people in its wake. For the past few days India has been reporting about 4 lac new cases every single day according to the government figures. With the current surge in Covid-19 cases there has been a critical shortage of supply of Covid-19 drugs. Compulsory license can be seen as the only and most efficient strategy to meet the paucity of Covid-19 drugs. In...

As a common belief, around 80% of the technological and scientific information contained in patents is not published anywhere else. There are literally millions of published patents and patent applications that are available for review to the public.  This overwhelming treasure of information would only useful be when critical and relevant references in the given subject matter are identified and analyzed in a manner that provides information for actionable decision making. Patent Landscape Analysis; is the proven multistep process to parse...

Litigation for invalidating patents can be very lengthy and costly and therefore one way out of such long and expensive remedy is “Patent-opposition”. The Patents Act 1970, provides with two types of patent opposition i.e. “pre-grant” and “post-grant” under section 25 of the Act. The reason as to why these oppositions are at a better footing in terms of cost and time is because these proceedings are time bound. As per section 25(1) read with Rule 55 of the Patents Act,...

On 13th February 2021, the Government of India introduced a bill in the Lok Sabha that was titled as the Tribunals Reforms (Rationalization and Conditions of Service) Bill, 2021. Through the introduction of this Bill, the Government is seeking to abolish various tribunals (including the Intellectual Property Appellate Board) and transfer their functions back to the country’s High Courts. The introduction of the said Bill was quite unprecedented and sudden as it was introduced in the Parliament without consultation with...

Innovations continue to grow worldwide with the ongoing sparks of technology giving rise to more and better uses of creativity and human intellect resulting in developments in almost every known field of work. Be it science, medicine, machinery, agriculture or even a tool of luxury, mankind has seen advancement in every field followed by the exclusive ownership of the subject matter in the form of Intellectual Property Rights. With the rising importance of ideas over products, the need for protection has...

The Design Rules, 2021 published by DPIIT under The Ministry of Commerce and Industry in the Official Gazette of India on 25th January 2021 have come into force with immediate effect. A gist of these revised rules is summarized as under: The startup has been recognized as one of the entities for filing and prosecuting Design Applications. To be qualified as a startup, the applicant must comply with any one of the following: (a) an entity in India recognized as a...

In present scenario, the goodwill attached to the brands is a vital guiding factor for the consumers to decide on the purchase of the brand products. The role of trademarks in the modern society is dynamic and also the creativity which goes into the development of brands is substantial. There is a basic difference between Trademark and Brand, as it is rightly portrayed ‘All Brands cannot be a Trademark while all trademarks can certainly be a Brand’. Although the company’s...

N95, Where N stands for “not resistant to oil” and a capability of filtering out 95% airborne particles, a term and technology we know was adopted and invented in 1970s when Sara Little Turnball invented this phenomena and which was introduced in the market by the giant company 3M, but this know-how came into such vast use and on tip of every human being, only in 2020 during this Covid-19 Pandemic period. In this Blog, I will be discussing about...