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News & Analysis

Missed deadline: Remedy under the Indian Patent Laws

07 February 2023 by LexOrbis - Manisha Singh (Partner) & Krishna Goyal (Associate)

The process to obtain a patent entails multiple stages from the filing of a patent application to the grant of the patent. There are various deadlines associated with each of these stages, such as the date of filing an application for the grant of patent and the date of filing the Request for Examination (RFE). The Indian Patent Office is very stringent for adherence to these deadlines, and failure to meet them may result in the rejection of a patent application. Thus, it is very important for a patent professional or an Applicant to cautiously meet the to avoid any adverse effect on the application. This article covers the consequences and remedies under the Indian patent laws in case any deadline associated with the patent application is missed.

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

Legacy Lawyers Secure Favorable Order before Himachal High Court

22 December 2022 by Legacy Law Offices

The dispute resolution team of Legacy Law Offices LLP recently obtained two favourable orders for its client Usha Breco Ltd., in the matters of Usha Breco Ltd. & another v. Municipal Corporation, Shimla & another, and Usha Breco Ltd. & another v. Department of Tourism & Civil Aviation & another before the Himachal Pradesh High Court.

News & Analysis

Trademark trolling and its Perils - a note of caution

02 November 2022 by Rahul Chaudhry & Partners - Shireen Sidhu

In today’s interconnected global economy, securing protection over Intellectual Property assets has become an indispensable requirement for businesses at various levels. Trademarks being one of the most important instrument of IP and valuable intangible asset to business in today’s era, functions as a source identifier for distinguishing the goods and services of one entity from those of others.

News & Analysis

Relooking Section 3(d) Through Judicial Lens

24 October 2022 by LexOrbis - DPS Parmar

Patentability of derivatives of known substance particularly drugs find a tough and bumpy road at Patent office in India since the introduction section 3 (d) amendments in 2005.This amendment remain the hall mark of the shift of Indian patent regime from process patent to product patent particularly for food drugs and chemicals.

News & Analysis

Delhi High Court interprets the provision under Indian law relating to Protection of Trademarks through International Registration under the Madrid Protocol

18 October 2022 by Anand and Anand

Press Release by Anand and Anand - India

News & Analysis
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DEAL OF THE MONTH - OCTOBER 2022

18 October 2022 by asialaw

asialaw's Deal of the Month for October 2022 is...

News & Analysis
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asialaw Awards 2022/23 - WINNERS ANNOUNCED

30 September 2022 by asialaw

Check out the full list of asialaw Awards 2022/23 winners here...

News & Analysis

Issues in Acknowledging Rights of AI Entities in the Existing Legal Framework

23 September 2022 by LexOrbis - Joginder Singh (Partner) & Piyush Sharma (Associate Partner)

In our routine life, AI entities have found a prominent place in the form of virtual assistants. Siri, Alexa, Google Assistant, and Bixby are prominent examples of the presence of AI in our daily lives. Moreover, smart electronic appliances, such as Air-Conditioners, Refrigerators, Chimneys, and Television have also imbibed AI to offer preference-based operation for the convenience of the end-user. One of the most ground-breaking applications of AI is found in autonomous cars, which have recently been garnering a lot of media attention. Therefore, knowingly or unknowingly, AI has become an essential part of our lives and it is quite evident that its presence and our dependence on the same will increase in the years to come.

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.