The patentability of an idea is one of the controversial topics faced during the grant of patents. There is a very fine line difference between an idea and an invention because every invention is first an idea which later matures and gets patented. On the face of it, it seems that there is no substantial way to protect an idea under intellectual prope...Read More
Introduction
The most important role that is played by any law in this world of free markets is the laws of intellectual property. They act as a survival kit in a highly competitive market by ensuring that the owner’s right of the intellectual property is not being infringed on his prejudice by another party. The exclusive enjoyment of rights ...Read More
What is biodiversity?
The first thing which comes into our mind by listening to this term is the green forest, beautiful flowers, sounds of the bird's chirp, etc. How we all used to enjoy and always wish to return it again and again. But now the time has come to protect this biodiversity from getting destroyed.
Biodiversit...Read More
An unconventional trademark is a type of trademark which does not fall in the category of conventional trademark or traditional trademark. An unconventional trademark is mainly in the form of sound marks, smell marks, shape marks, and color marks. An unconventional trademark must possess the communicative ability to be able to differentiate goods and services from one person from that of another. The mark should have the p...Read More
Directive On Copyright In The Digital Single Market
Our world, today, is shaped by the Internet. With the onslaught of the discussion about data privacy, it is seen how the Internet is used as a platform to shape people's mind and their opinions. The amount of content being consumed through the internet continues to rise every day. This includes vid...Read More
Introduction
First time in India the term “image mark” has been used when Indian Hotels Company Limited (IHCL) obtained the trademark for the Taj Mahal Palace Hotel and Tower Wing Exterior (image) on 19th June 2016.[1] The registration number is 3386351 and falls under Class 43 that covers “services providing food and...Read More
The word ‘adaptation’ connotes innocence. The minute we hear or read this word, we pass it off as something that is an innocent or general attempt to recreate a piece of work that has already been produced or composed and appreciated. The adaptation of any work signifies a bona fide replication of the original. But, is it always done in good faith?
The right to the ...Read More
Introduction
Trade Secret or Patents! What to choose between both? A Big Confusion in the head of the company. The two have more differences than similarities.
Patents give you the exclusive right to exclude others from making, selling, using, or importing a particular product or service in exchange for full public disclosu...Read More
Introduction
On January 22, 2019, in the recent ruling of Helsinn Healthcare S.A. v. TevaPharmaceuticals USA, Inc., No. 17-1229, the US Supreme court held that inventors lose patent protection for inventions that they had sold or offered to sell more than a year before submitting the patent application - eve...Read More
The Drug Prices Control Order (DPCO), 2013, which as estimated by the National Pharmaceutical Pricing Authority (NPPA), has helped patients save over Rs. 15,000cr since its enactment has been amended by the Drugs (Prices Control) Amendment Order, 2019, by the Ministry of Chemicals and Fertilisers in favor of drugmakers, manufacturing new drugs, and drugs treating orphan/rare diseases.
%3...Read More
On 13th December, the Canadian government gave assent to the BUDGET IMPLEMENTATION ACT, 2018 to address various productive changes in Canadian Intellectual property laws. Modifications in IP laws were made to uplift the economy of Canada through innovative ideas and higher investments. The act majorly focuses on removing the loopholes in the current IPR structure of the country and to...Read More
Introduction
Open Source Software (OSS) is a kind of software with source code that can be modified, enhanced, and inspected by ANYONE. In the case of an OSS, a person may alter how the software works or improve it by adding features or fixing parts that do not work properly, by modifying the source code of the software program. This is di...Read More
Recently, the social media giant Facebook filed a few controversial patents. They are called controversial because rather than being user-friendly the new patents filed could only be an aid to the revenues of the company itself. The latest patent is the one that can predict your destination before you reach it yourself. This patent has been deemed ‘ill-timed’ by some since there are still major concerns about t...Read More
For eons, humans have tried to create convenience. Be it the kindling of a fire or the development of the technology of a smartphone that detects your location and is linked to your bank account, humans have constantly tried to create a technology, that stands on par with the functioning of the normal human brain.
However, in the bid to dev...Read More
Non-patent exclusivity or Regulatory exclusivity is the core profit driver of the pharma industry. The rationale behind introducing regulatory exclusivity for drug products was that the amount of time taken to gain approval to market the drug product often leaves little viable protection period for the drug product under patents. Patents are often filled during the early developmental stage of the drug and approval from the aut...Read More