Intellectual Property

Intellectual Property

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For Your Attention, Please: Virtual Marking of Patented...

Patent marking entails marking a patented product with its relevant patent number. Proper patent marking can help obtain higher monetary damages in a patent infringement lawsuit, as marking means that infringers cannot claim ignorance of liability. However, if there is no marking, damages are likely to be calculated only from the time of actual notice. ......
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The IP Stack for Protecting Software in India: Copyrigh...

A key question that confronts participants in any disruptive and innovative industry is that of intellectual property (IP) protection. Software is no exception. Multiple IP routes, e.g., copyrights, patents, and trade secrets, are available for protecting software, but the appropriate choice is not always automatically evident. ......
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From Distinctiveness to Genericide: Avoiding Trademark ...

The odds of successfully obtaining or protecting a trademark depend on various factors. For example, the presence of identical or similar marks, either pre-existing on the trade marks register or available in the market is a fundamental test. Another factor is the proposed mark’s distinctiveness, or its ability to stand out on its own. ......
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Exports under the Bolar Exception: A Key Arrow in the I...

India is the largest producer of generic drugs in the world, and thus, it is no surprise that a great deal of patent litigation in India has centred on the manufacture of generics. While there are provisions in the law that permit the use of patented drugs for research and development (“R&D”) and for obtaining regulatory approvals, permissibility around the export of such drugs for similar purposes can be in the grey. ......
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OPPOSING TRADEMARKS IN INDIA

Filing for a trademark and having it examined by the Trade Marks Office is only the first step in the journey towards obtaining a registered trademark. Under Indian Trademark law, once a trademark applied for has been examined for objections pertaining to distinctiveness or similarity with earlier cited marks, the trademark application is advertised in the Trademarks Journal. ......
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Testing a Patent: Opposition and Revocation in India

It is sometimes presumed that the patent application process concludes with the grant of a patent, after it has been successfully prosecuted. Although prosecution examines an application for patentability, its true test arguably comes during the opposition process. ......
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Shrinking Space: Are Narrowed Patent Claims Valid Amend...

Much emphasis is placed in patent law on the importance of filing for protection as early as possible in the inventive process, in order to obtain necessary rights and benefits. But these applications are by no means set in stone. There is room to amend patent applications, and in India, amendments can be done both while an application is pending, and after a patent has been granted, subject to appropriate permissions from the Controller. ......
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Driving into the future: Regulating Autonomous Vehicles...

Driving – or the controlled operation and movement of a vehicle - is not an overwhelming task for humans. But what goes into the mechanics of driving is a complex operation of vehicle controls while constantly monitoring surroundings. This is in fact a mammoth task and machines have been limited to driver-assisted roles for decades. ......
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Getting to Grant: Patent Prosecution in India

Patent prosecution is the centerpiece of the process of obtaining a patent. The proceedings during prosecution serve as important legal guidance on the patentability of the invention, and successful prosecution is key to ensuring that patent rights are protected. ......