Intellectual Property

Intellectual Property

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All is Fair in Trademark Wars

The #BlackLivesMatter movement has gained traction around the world and has encouraged many corporate entities, including multinational companies (MNCs), to reassess their businesses and marketing policies for signs of discrimination, following the calls against racial inequality after the death of George Floyd in the United States. ...
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Best Practices for Drafting Dependent Claims in India

Patent claims are the most important part of a patent application, for they define the invention for which the Patent Office has granted protection. Patent claims identify what the patent does and does not cover....
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Fast-Tracked Examination of Patent Applications Filed b...

Recognising that startups can drive sustainable economic growth and generate large scale employment, the Government of India’s ‘Startup India’ Initiative has sought to develop an ecosystem to strengthen such entities. This ecosystem includes policies that reduce regulatory burdens and provide various concessions that make ‘doing business’ easy....
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Patent Strategies for Innovative Companies

Patents are a measure of innovation. A healthy patent portfolio of a company indicates that the company has invested significant time, money, and effort in research and development activities within the organization. It also indicates that the company is evolving and constantly striving to bring newer and better products or services into the market. However, patents need to be also looked at as business opportunities and should, ideally, align with the business strategies of the company. Owning a patent gives a company the legal right to commercially exploit its innovation and prevent competitors from imitating or replicating its innovation. Every innovative company, therefore, needs a good Patent Strategy to be successful in the long run....
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The Patentability of Tobacco-Related Inventions in Indi...

The ethics of intellectual property has always been a highly debated issue, and spans a range of issues, not least around what kind of patentable subject matter can be regarded as ethically permissible. Jurisdictions, including India, try to tackle this issue by legislating for it in the laws, and excluding inventions that may be morally questionable, but such laws are inherently subjective, and open to interpretation. This note examines the questions that have arisen around inventions related to the tobacco industry in India in this context....
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Opposition is a Hopeless Task, Acquiescence would be Wo...

Time and again, it has been held by various courts that an unreasonable delay in enforcing a legal right by a person amounts to acquiescence, which can be fatal to a case for the grant of an interim injunction. In a recent trademark case, the High Court of Delhi reiterated that the Plaintiff, being aware of the Defendant’s adoption of a similar mark, did not bother to conduct due diligence about the use of the mark; as a result of which the Plaintiff was bound to suffer the consequences of delay in seeking injunction. ...
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Anti-Suit Injunction and Cross-Border Reputation of Tra...

An anti-suit injunction has always been a matter of interest when it comes to providing parties provisional relief. Anti-suit injunctions are orders passed by courts to restrain parties from commencing or pursuing proceedings in another jurisdiction or forum....
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USPTO denies Inventorship to Artificial Intelligence

On April 22, 2020, the United States Patent and Trademarks Office (the “USPTO”) issued an order  refusing inventorship of a patent application to DABUS, an Artificial Intelligence (AI) machine. This decision, which broadly appears to align with the position being taken in Europe and the United Kingdom with regard to the same invention, is likely to have a significant impact on the future of patenting, at least until there are statutory amendments to the contrary, or until it gets overturned for any reason....
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Overcoming Pandemic Profiteering in Times of Crisis

Today, as the global scientific and research community doubles down on finding a potential drug or vaccine against the novel Coronavirus, the obvious question that arises is of access to affordable drugs and medical equipment. With the high investment required in drug discovery and pharmaceutical research generally, the debate naturally turns to the returns on such investment in times of a public health crisis as the one being faced today. This note seeks to understand if intellectual property (IP) protection will be a barrier to affordable drugs....