Tag: patent
March 17, 2021
Intellectual Property | Trademark
Intellectual Property | Trademark
The art and craft of franchising in India
Licensing and franchising intellectual property (IP) offer strategic competitive advantages to a brand. Franchising is a situation where a franchisor controls and supervises the exploitation of a trademark while allowing the use of the tradename, the get up and the reputation and goodwill associated with the trademark. ......
November 12, 2020
Intellectual Property | Patent
Intellectual Property | Patent
Liberalising divisional patent applications in India: ...
A divisional patent application (also known simply as a “divisional”) is a patent application that is based on, or derived from, a previously-filed parent application. Divisionals are filed when the claims in a parent application pertain to more than one invention. ......
March 7, 2019
Intellectual Property | Patent
Intellectual Property | Patent
Expert evidence is essential for a patent challenge
The Madras High Court earlier this year rejected a writ petition filed against a patent owned by Kibow Biotech Inc. for a dietary supplement that aids in the carrying out of the kidney function, for reasons, among others, that there was no expert evidence led to support the case. The validity of the patent was challenged primarily under Section 3(e) of the Patents Act, i.e., on grounds that it was “a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance”....