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News & Analysis

Product Hopping and Ever-Greening of Patents in India

20 April 2023 by LexOrbis - Arun Kumar (Managing associate)

The Indian pharmaceutical market is one of the largest markets in the globe, both in terms of production and consumption. Several changes have been made to the patent and competition law due to the increasing challenges in the pharmaceutical market that directly impact the profit margin of pharmaceutical manufacturers. To increase these margins, pharmaceutical product manufacturing firms employ a variety of strategies. This article investigates the concept of “product hopping” and compares it with the practice of patent evergreening.

News & Analysis

Judicial trend of copyright Protection for Character Merchandising in India

12 April 2023 by Rahul Chaudhry & Partners - Pallavi Dora

Character Merchandising is a new age business phenomenon to commercially exploit the famous comic characters in garb of generating revenue and fetch profit by using the pictures, voice dialogues of famous characters / personalities of which the general public are emotionally connected. The evolution of the character merchandising was by the famous company – Walt Disney Studios in 1930’s when they licensed the famous character like Mickey Minnie and Donald duck. Technological advancement and channels devoted to children entertainment has created a demand in the market and influenced the said segment to buy the product as the general public get attached to the character.

News & Analysis

Doing Business in the Philippines

04 April 2023 by SyCip Salazar Hernandez & Gatmaitan

This guide, which focuses on how foreign corporations can set up a legal presence in the Philippines, was first published in 2015, when our firm celebrated its 70th anniversary, and this most recent update was prepared in connection with our 78th anniversary celebrations.

News & Analysis

Enforcement of Store Layout Trademarks in India – An uphill battle for brand owners

28 March 2023 by Rahul Chaudhry & Partners - Farhaan Rizvi

A visually appealing store is a crucial asset for any business aiming to provide a consistent quality of goods and services across its stores . These stores featuring a distinct theme design commonly seen on their signage, wall arts, overall décor etc. not only reflects a cohesive brand imagery of the business but also create a lasting impression on the customers, strengthening their brand recall value.

News & Analysis

Resolving the conflict between section 3(d) and section 3(e)

23 March 2023 by LexOrbis - DPS Parmar

It is generally known and understood that every exception in the act should stand on its own footing. Two seemingly similar provisions in legal sense cannot lean back on one another to fortify the argument favouring the exception or otherwise. This seemingly sound argument suffers the close scrutiny of the Delhi High court in Best Agrolife Limited v Deputy Controller of Patents & Anr (WP(C)-IPD 11/2022 & CM 32/2022, 54/2022, 55/2022).

News & Analysis

Anand and Anand launches ‘Digital Group’

20 February 2023 by Anand and Anand - India

In its centenary year, Tier I full-service Intellectual Property firm Anand and Anand today announced the launch of its ‘Digital Group’.

News & Analysis

Guideline on New Anti-money Laundering Law

05 February 2023 by VILAF - Vietnam

While Vietnam remains a predominantly cash-based economy, its legal frame work on anti-money laundering, according to the Asian Pacific Group on Money Laundering (APG)’s assessment in its Mutual Evaluation Report dated January 2022, is still incomprehensive and limited, which makes the country itself vulnerable to risks of money laundering.

News & Analysis

India: Contemnor to pay INR 2 Crores to the plaintiffs in a patent infringement case

02 February 2023 by Anand and Anand

Pfizer Inc. and its group companies (“Pfizer”) filed a suit bearing no. CS (COMM) No. 442 of 2021 titled as Pfizer Inc. & Ors. v. Triveni Interchem Private Limited & Ors. before the Hon’ble Delhi High Court, for infringement of patent IN 218291 for the compound Palbociclib.

News & Analysis

SSEK Assists TSH Resources Berhad with Large Indonesia Land Disposal

19 January 2023 by SSEK Legal Consultants

SSEK Legal Consultants has assisted TSH Resources Berhad, one of the largest Malaysia-based oil palm plantation groups, with the disposal of land covering more than 13,000 hectares in North Kalimantan, Indonesia, for a total of approximately IDR 2.42 trillion or US$162 million, as has been reported.

News & Analysis

Korea’s Draft Amendment to the Civil Act May Mean Statutory Protection for ‘Right of Publicity’

17 January 2023 by Lee & Ko - South Korea

As the use of content platforms continues to grow around the world, Korea is revisiting the debate on who should be allowed to benefit from a person’s name, likeness, or other indicia of personal identity. In a global environment where almost anyone can obtain public notoriety, Korea is seeking to foster a balanced approach to unfair competition and IP enforcement by bolstering statutory protections during a time when avenues to profit from individual rights of publicity have expanded.