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Continue reading →: IPR (Imported goods) Enforcement Amendment Rules 2018 notified
Vide Custom Notification dated 22nd June, 2018 , the government of India, amended the IPR (Imported goods) Enforcement Rules 2007. In the amendment, the words “patents as defined in the Patents Act, 1970” appearing in Rule 2 (b) and “the Patents Act,1970” appearing in Rule 2(c) have been omitted. This reduces…
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Continue reading →: DISCUSSION PAPER ON ARTIFICIAL INTELLIGENCE (AI) BY NITI AAYOG
Recognizing AI’s potential to transform economies and the need for India to strategize its approach, Hon’ble Finance Minister, in his budget speech for 2018 – 2019, mandated NITI Aayog to establish the National Program on AI, with a view to guiding the research and development in new and emerging technologies.…
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Continue reading →: Ordinance to amend the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015
Government has notified an ordinance on May 3, 2018 to amend the Commercial Courts, Commercial Division and the Commercial Appellate Division in High Courts Act of 2015. The main Highlights of the Ordinance are:- The pecuniary jurisdiction of the Commercial Courts’ has been widened. The value of subject matter of…
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Continue reading →: Patent Agent Examination to be conducted before December, 2018
As per a recent notice issued by the Office of Controller General of Patents, Designs and Trademarks (CGPDTM), the Patent Agent Examination is likely to be conducted before December, 2018. Detailed information will be made available on official website http://www.ipindia.nic.in after finalization of schedule and other official requirements.
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Continue reading →: Writ seeking directions for UOI to enforce norms relating to “working” of patents disposed
A Public Interest Litigation (PIL) was filed at the Delhi High Court under Article 226 of Indian Constitution as a writ of mandamus (Shamnad Basheer Vs. Union of India (UOI) & Others) seeking directions for the Union of India (UOI) to perform their statutory duty to enforce norms relating to…
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Continue reading →: Rule 138 and 137 can be invoked for all National phase applications filed in India prior to Patent [Amendment] Rules, 2016
The Hon’ble High Court of Delhi in a recent order in a writ petition held that where an Indian National Phase Application has been filed prior to the Patent [Amendment] Rules, 2016, the unamended Rule 138 shall be invoked and not the amended Rule 138. It is pertinent to mention…
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Continue reading →: Post grant Opposition filed on or before one year of publication under of grant is maintainable
In a recent decision, Asstt. Controller of Patents and design, Dr. Rachna Yadav has held that a post grant Opposition filed at the Indian Patent office on or before the expiry of one year of publication of grant under section 43(2) is maintainable. Two Oppositions were filed on 30.03.2017 and 31.03.2017…
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Continue reading →: Annual report for the financial year 2016-17 published by the IPO
The Indian Patent Office (IPO) has published the Annual report for the financial year 2016-17 (based on data from 1st April 2016 to 31st March 2017). As per the Annual report, as a result of the various procedural reforms implemented during the year, the office of CGPDTM has made remarkable achievements…
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Continue reading →: Definition of “start-up” under the start-up India initiative
Ministry of Commerce and Industry through a notification clarified the definition of start-ups under the start-up India initiative. An entity as per this notification shall be considered as a Startup if it fulfills all of the following: Upto a period of seven years from the date of incorporation/registration, if it…
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Continue reading →: Injunction granted even when the Patent was under challenge
Pfizer Inc. filed a suit for permanent injunction restraining infringement of Indian patent no. IN209250 (which covers and claims the commercial product Sunitinib) and IN268331 (which covers the claims the commercial product Tigecycline) against Nagesh Palepu and others. The Defendants list Tigecycline and Sunitinib on their website in their list…
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