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Patenting 3d Bioprinting In India

Tissue or organ replacement is a medical phenomenon that has saved human lives over the decades. With 3D bioprinting, where functional living human tissues and organs can be fabricated using 3D printing technology, the field has charted a new path, acquired more relevance, and provokes many questions, ethical, medical, legal and beyond. ...
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Narrowing the Field: Selection Patents and Purposive Selection in India

Inventions that fall within, or overlap with, disclosures in the prior art are called “selection inventions”. Generally, selection inventions involve the selection of one or more specific embodiments, such as individual elements, subsets, or sub-ranges, within a larger known set or range disclosed in the prior art. This raises critical questions around how the novelty and inventive step of selection patents should be judged. ...

Design Marking in India: Essential or Avoidable?

Design marking is a method used by proprietors to signal that their article is protected by design rights. It entails “marking” an article in a manner that informs the public at large that the article in question is the subject matter of a registered design. The issue of whether design marking is necessary or not has come up on occasion before Indian courts, who have tackled how such marking acts as an indicator of registration, and explained the rights that follow. ...

A Moment to Remember: Personality rights, Moment marketing and the Olympics

India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ...

Designs Database goes Digital: Designs E-Register now available online

The Designs office has now made its register electronically available, thus joining the ranks of the Patents E-register, making the database of registered designs available in entirety. ...

To Litigate or Arbitrate, a “Heroic” Dilemma

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ...

Who Judges Whom: Turf Wars, Forum Shopping and Anti-suit Injunctions

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ...

Application Stages And Timelines

What are the variou...

What Can Be Protected In A Design Application

Six months after it became a signatory to the Locarno Agreement (which establishes a classification for industrial designs), on 25 January 2021, India notified the Design (Amendment) Rules, 2021 to formally adopt the “Locarno Classification”. ...
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Patent applications for inventions containing biological materials must fully and particularly describe such use of biological materials in the specification. The Indian Patents Act, 1970 (“the Act”) does not define biological materials, but guidance can be found in the European Convention, according to which biological material includes any material that contains genetic information and is capable of reproduction by itself. ...
The Indian Computer Emergency Response Team ("CERT-In") is the national agency for incident response for cyber security and has been established under Section 70B of the Information Technology Act, 2000 ("IT Act"). Its functions include the collection, analysis and dissemination of information on cyber incidents, providing and implementing emergency measures for handling any cyber security incidents, coordinating cyber incident response activities, and issuing guidelines, advisories, vulnerability notes and white papers with information relating to security practices, procedures, prevention, response and reporting of cyber incidents. ...
Recently, the Ministry of Labour and Employment notified Infosys that a joint conversation on the implementation of the non-compete provision prohibiting employees from joining a competing technology business within six months of leaving Infosys has been scheduled. ...
Alternative Investment Funds ("AIF") in India are governed by the Securities and Exchange Board of India (Alternative Investment Regulations), 2012 ("AIF Regulations") and regulated by the Securities and Exchange Board of India ("SEBI"). AIFs are investment funds that are established or incorporated in India that are privately pooled from foreign or Indian sources, in the form of trusts, companies, bodies corporate and limited liability partnerships. ...
The Company Law Committee published its third report ("Report") on April 13, 2022 which makes recommendations to the Government on changes to the Companies Act, 2013 ("Companies Act"), the Limited Liability Partnership Act, 2008 ("LLP Act") and the rules framed thereunder. The amendments and new additions proposed in the Report aim to bring Indian company law in line with global practices and improve the ease of doing business in India. ...
On April 8, 2022, in the case of Noel Harper vs. Union of India , the Supreme Court upheld the validity of certain amendments made to the provisions of the Foreign Contribution (Regulation) Act, 2010 (hereinafter referred to as the “FCRA”) which came into effect in September, 2020, clarifying that “the strict regime had become essential because of the past experience of abuse and misutilisation of foreign contribution”. ...
Cosmetic compositions and methods, like any other inventions, are expected to meet the three step requirement of patentability in India before being granted protection under law, i.e., the invention must meet the criteria of “Novelty”, “Inventive step” and “Industrial Application”. ...
On February 21, 2022, the Ministry of Electronics and Information Technology (MeitY) published the draft India Data Accessibility and Use Policy on its website. The draft of the policy was made available for the purpose of inviting public feedback till mid-March, 2022. Since then, the policy has garnered considerable attention and critical acclaim. ...
On March 14, 2022 the Department for Promotion of Industry and Internal Trade (“DPIIT”) reviewed the Consolidated FDI Policy Circular of 2020 (“FDI Policy”) for the purpose of allowing foreign investment in the Life Insurance Corporation of India (“LIC”), along with providing clarity and consistency in other sections of the FDI Policy including those provisions relating to real estate businesses. ...
In its board meeting held on 15 February 2022, SEBI has decided to change the requirement for listed companies to separate the posts of Chairperson and MD/ CEO to voluntary from mandatory. This decision has been taken in view post multiple representations from corporates and industry bodies expressing difficulties in complying with the mandate. After multiple delays, this rule shall fully come into force on 1 April 2022. We analyse SEBI’s recent decision and its implications. ...
The laws that govern the provision of medical advice in India play a major role in ensuring that the healthcare machinery is robust and the best interests of the patients are always kept at the forefront. Broadly, these laws attempt to ensure that general medical practitioners are free to tailor their medical advice to fit the requirements of their patients, and limit certain conduct to prevent the aforesaid discretion from resulting in adversities for the patients. ...
Stem cells are cells that can differentiate or develop into many different types of cells. This unique characteristic grants them great medical significance as they can unravel many secrets about living organisms, diseases, and mortality, and may even be able to treat them. ...
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