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News & Analysis

Law and punitive damages in IP suits in India

20 September 2022 by Rahul Chaudhry & Partners - Vanshika Arora

In India, for intellectual property (IP) disputes, the statutes and courts have always been more focused on compensatory damages, i.e., compensating the aggrieved party to help them restore their position. This approach has led to a lack in the IP regime as it did not effectively achieve the twin objective of compensation and deterrence.

News & Analysis

Recent developments at the Indian Patent Office related to filing of sequence listing as per the WIPO standards

30 August 2022 by LexOrbis - Manisha Singh (Partner) & Shikha Singh (Managing Associate)

As known by many in the Intellectual Property industry the WIPO was working on the tool named “WIPO sequence” since 2020. Its first stable release was launched on April 7, 2020, followed by two consecutive releases till the final version i.e. WIPO Standard ST.26 went live on July 01, 2022. As soon as this tool was launched all the PCT countries including India recognized its importance. Consequently, the Indian Patent Office on 17th June 2022 issued a public notice informing all the stakeholders that all Sequence Listings that are part of an international application filed on and after 1st July 2022 under the Patent Cooperation Treaty must be compliant with WIPO Standard ST.26.

News & Analysis

Disclaimer as an instrument of amendment under Section 59

23 August 2022 by LexOrbis - DPS Parmar

In normal circumstances a patentee/patent applicant resists and rather abhor curtailing or pruning of the claims of their invention. The recourse to the use instrument of disclaimer is adopted by the patent applicant/patent in extreme cases where the objection to clarify the exact scope of the invention is called into question, when they are faced with the refusal /invalidity of their patent claims.

News & Analysis

Cocrystallization of drugs: A new hope for medical engineering

01 July 2022 by DPS Parmar [Former Technical Member (Patents), erstwhile Intellectual Property Appellate Board Special Counsel, LexOrbis]

It is known that certain crystals can coexist as supramolecular synthons. Since the discovery of the first cocrystal of urea with NaCl in 1773 a lot has changed. In 1844, the first cocrystal of the 1:1 ratio between Benzoquinone and Hydroquinone (Quinhydrone) was obtained.

News & Analysis

Make way for Non-Traditional Trademarks

23 May 2022 by Malyashree Sridharan (Associate Partner) and Vibhuti Sharma (Associate)

Most of us are aware that there are several types of trademarks, some traditional marks such as names, words, logos, abbreviations, and some non-traditional marks, such as colour(s), combination of colours, sound, shape of goods, patterns, etc.

News & Analysis

Patent Application Filing Trend in India

12 April 2022 by Ms. Manisha Singh (Partner) and Dr. Niharika Kumaria (Managing Associate)

The world is facing the wave of coronavirus disease (Covid-19) yet there is an improvement in intellectual property (IP) filing in India with a 6% increase in application for patents and 15% in trademarks.

News & Analysis

High Court of Himachal Pradesh grants relief to Himani - Chamunda Ropeway Project Concessionaire

26 February 2022 by Legacy Law Offices

In a relief to the concessionaire company engaged to develop the Himani-Chamunda Ropeway project at Kangra district the Hon’ble High Court of Himachal Pradesh has granted relief to the company by way of issuing stay on encashment of the bank guarantee.

News & Analysis

Boosting Infrastructure - Budget 2022-23

09 February 2022 by Shalini Munjal - Co-Managing Partner, Legacy Law Offices, India

It would be apt to term the Budget, 2022-23 presented by the Hon’ble Finance Minister as “Atmanirbhar Bharat- Revisited”.

News & Analysis

Knowledge capital: Speaking of Wolves and vultures!

04 February 2022 by DPS Parmar [Former Technical Member (Patents), erstwhile Intellectual Property Appellate Board Special Counsel, LexOrbis]

Knowledge capital of an entity dependents on the inventive activity every inventor they hire or have.

News & Analysis

Grounds for the Annulment of Domestic Arbitration Awards in Indonesia (Recent Development)

26 January 2022 by Makarim & Taira S - Indonesia

Following the issuance of Constitutional Court Ruling No. 15/PUU-XII/2014 dated 11 November 2014, up until now, no clear guidance has been provided on the use of Article 70 of the Arbitration Law (Law No. 30 of 1999) ie, the reasons for which an arbitration award can be annulled. This advisory discusses the recent development in the interpretation of Article 70 of the Arbitration Law by the Indonesian courts.