Intellectual Property

Intellectual Property

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Bolar provision remains standing after Bayer challenge

The Delhi High Court recently adjudicated on the issue of whether generic companies can export patented products for experimental purpose, in an expansive interpretation of Section 107A of the Indian Patents Act, 1970 (the ‘Act’). Section 107A, which relates to what is referred to as ‘the Bolar Provision’, was introduced via the Patents Act (Second Amendment) Bill, 1999. The provision sought to ensure the prompt availability of patented products, particularly generic drugs, immediately after the expiry of the patent term....
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Proposed reduction in IP application fees for MSMEs

Micro, Small, and Medium Enterprises (MSMEs) are key drivers of economic growth, and the Government of India has been especially cognizant of their demands and concerns, by supporting and encouraging startups and MSMEs through various schemes and incentives introduced from time to time. ...
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New Patent Rules make filing process easier

New rules for patent filing were introduced in India recently, which have made the application process considerably easier, such as waiving the requirement for filing originals, allowing applicants such as women and small enterprises to apply for expedited examination, and removing the transmittal fees for international applications. The Patent (Amendment) Rules 2019 came into force on September 17, 2019. ...
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Proof of Right Requirement in Patents Law

An application for a patent can be filed by a ‘true and first inventor’, or the inventor’s assignee. In cases where the application is filed by the assignee, the assignee is required to submit a ‘proof of right’, as per Section 7(2) of the Patents Act, 1970 (the “Act”). ...
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Draft GI Rules

The Government of India has proposed a slew of amendments to the rules governing Geographical Indications (GIs), particularly with regard to the rights of authorised users under the law. On September 16, 2019, the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade, or DPIIT) issued draft rules, which propose various amendments to the Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 1999....
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Delhi High Court stops AstraZeneca’s attempts at evergr...

In a major decision that is likely to impact evergreening of pharmaceutical patents in India, the Delhi High Court vacated interim injunctions granted to AstraZeneca, a big pharma multinational, against three generics manufacturers, Micro Labs, Natco Pharma, and Dr. Reddy’s Laboratories. The case involved allegations of infringement of AstraZeneca’s three patents, for offering a generic version of AstraZeneca’s drug-TICAGRELOR for sale under the brand name BRILINTA....
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E-commerce platforms banned from selling or advertising...

The Delhi High Court recently restrained multiple e-commerce platforms from selling, offering to sell, advertising, or displaying products in breach of third party agreements. The court's orders, from July 2019, arose out of a set of seven suits filed by direct selling companies against e-commerce platforms, and will have far-reaching consequences for not only e-Commerce companies but also any 'intermediary' that offers a platform, marketplace or forum to users online....
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DNA fingerprinting results allowed in plant variety dis...

Evidence from DNA fingerprinting tests can be used to determine disputes involving plant varieties, according to a recent decision of the Delhi High Court. In its recent judgment dated July 1, 2019 in Pioneer Overseas Corporation v. Chairperson, Protection Of Plant Varieties And Farmers Rights And Ors, MANU/DE/2102/2019, the Delhi High Court was examining allegations of misappropriation of germ plasm protected under ...
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Emerging Role of Differentiated Products in Pharmaceuti...

Pharmaceutical industry is one of the most intensively regulated sectors and as a result of these challenges, returns on R&D investments in the pharmaceutical industry have decreased. One feasible alternative to address these challenges is to adopt strategies to reduce development costs and maximize profit. One such strategy is Product Differentiation. Product Differentiation is innovating an existing product, i.e., creating a product with better features, performance, or efficacy. Most blockbuster drugs have gone off-patent, and more are expected to go off-patent in the near future. ...