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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
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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

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

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.

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.

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LAWYER OF THE MONTH - AUGUST 2022

16 August 2022 by asialaw

asialaw's Lawyer of the Month for August 2022 is...

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LAWYER OF THE MONTH - JULY 2022

19 July 2022 by asialaw

asialaw's Lawyer of the Month for July 2022 is...