An order of the Assistant Controller of Patents and Designs (Controller) vide which The Regents Of The University Of California’s (UOC) application for grant of patent Application No. 9668/DELNP/2007 was rejected, has been set aside by the Delhi High Court (DHC) and the matter has been remanded back to the…

The Delhi High Court through order dated 2nd May 2019 prohibited Natco Pharma Ltd. from manufacturing generic Ceritinib capsules in a suit for infringement of Indian patent number 276026 (IN276026) of Novartis AG. IN276026 relates to the compound Ceritinib, a drug for the treatment of non-small cell lung cancer (NSCLC).…

On May 6, 2019, Delhi High Court granted interim injunction to Eisai Co. Ltd. and Arena Pharmaceuticals (collectively called Eisai) against Dr. Reddy’s Laboratory Ltd. (DRL) in respect of their anti-obesity blockbuster drug Lorcaserin. The suit was in respect of Eisai’s Indian patent No. 215528 covering Lorcaserin and its pharmaceutically…

Draft Manual of Patent Office Practice and Procedure, 2019 has been published by Office of the Controller General of Patents, Designs & Trade Marks for suggestions/inputs from the stakeholders. The suggestions sent by Anand and Anand can be accessed here.

The Plaintiff, PepsiCo India Holdings Private Limited instituted a suit against some farmers in Gujarat who were alleged to be illegally growing, producing and selling, without PepsiCo’s permission , the potato variety FL2027 (commercial name FC-5) registered by PepsiCo under the Protection of Plant Varieties and Farmers’ Rights Act, 2001…

The National Biodiversity Authoity (NBA) has notified “Draft (revised) Guidelines on Access to Biological Resources and Associated Knowledge and Equitable Sharing of Benefits Regulations, 2019” on 24th of April 2019. The revisions clarify that the guidelines would apply also to the State Biodiversity Board approvals.  Public comments and suggestions can be…

The Central Government on direction of Justice JR Midha has created a Fund for Scientific Advisers in terms of Section 115 (2) of the Act. The direction was passed during a patent litigation (Sandeep Jaidka Vs. Rohit Kapur & Ors.) in which the Court held that it would be appropriate to appoint…

The Delhi High Court recently disposed of an application of the Plaintiff’s in Vifor International Ltd vs Suven Life Sciences Ltd, to file additional documents. The Court only took on record few additional documents. Two of the documents allowed are the Curriculum Vitae of the two expert witnesses sought to…

Indian Biological Resource usage is subject to prior permissions under the Biological Diversity Act, 2002 (BDA). The Act provides a framework for access to Indian biological resources and sharing the benefits arising out of such access and use. The Act also includes in its ambit the transfer of research results…

As per a recent notification by the Ministry of Commerce and industry, the definition of Start up has been revised. As per the recent notification, an entity shall be considered as a Startup: Upto a period of ten years from the date of incorporation/ registration, if it is incorporated as a…