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Continue reading →: DELHI HIGH COURT REFUSES TO STAY ANTI-COMPETITIVE INVESTIGATION AGAINST ERICSSON
The Delhi High Court judgment by Justice Vibhu Bakhru released on March 30, 2016 states that the Competition Commission of India (CCI) can continue to carry out its investigation into Ericsson’s apparent anti- competitive practices. Facts of the case: Micromax and Intex had complained to the CCI about Ericsson’s abuse…
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Continue reading →: IPO RATIONALIZES FER ALLOTMENT AND DISPATCH SYSTEM
The Controller General of Patents, Designs and Trademarks (CGPDM) has issued a notification on 31st March, 2016 which does away with the issuance of a physical copy of a First Examination Reports (FERs). The FERs shall now be sent electronically only and shall be available on the IPO website against…
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Continue reading →: PROPOSED GUIDELINES FOR SIMILAR BIOLOGICS
Central Drugs Standard Control Organization (CDSCO) has notified draft guidelines for biosimilar developers. The guidelines lay down a regulatory pathway for a similar biologic claiming to be similar to an already authorized reference biologic. The CDSCO has invited suggestions and /or comments of the stakeholders by 30th April, 2016. We shall…
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Continue reading →: STAY ON THE FIXED PRICE OF BT COTTON BY THE HC
The Central Government notification dated 8th March 2016 fixing of the trait value of BG-I and BG-II variety of Bt Cotton has been stayed by the Karnataka High Court. Association Of Biotechnology along with Namdhari Seeds Pvt.Ltd. had filed a writ petition before the Karnataka High Court challenging the notification of…
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Continue reading →: PATENTED TECHNOLOGY COMES AT A FIXED PRICE
Amidst the ensuing legal dispute over Monsanto’s Bt Cotton seed technology, including an investigation into Monsanto’s licensing deals as per the order of the CCI and the High Court ordering an injunction against Nuziveedu from selling BT cotton manufactured after expiration of its licence agreement with Monsanto, the Central Government has…
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Continue reading →: Nuziveedu restrained from selling BT Cotton
In a judgement by the Delhi High Court dated 19th February, 2016, Justice Vipin Sanghi has restrained Nuziveedu from selling BT cotton manufactured after 15th November,2015. A suit seeking an injunction was filed by Monsanto in February this year against the sale of BT Cotton seeds and use of Monsanto’s trade mark…
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Continue reading →: DIPP RELEASES A DISCUSSION PAPER ON SEPs
The ICT space has managed to garner a lot of heat in the recent past. After the release of CRI guidelines which has created a furore amongst the stakeholders, the Department of Industrial Policy & Promotion (DIPP) has published a discussion paper on “Standard Essential Patents, and their availability on…
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Continue reading →: RESTORATION OF A LAPSED PATENT ONLY WITHIN A PRESCRIBED TIME PERIOD
In a recent order in National Research Development Corporation (NDRC) vs. Sanat Products Ltd., the Controller of Patents and Design has rejected the restoration application of NDRC in respect of Indian Patent no. 186320 (based on Application number 1598/DEL/1997). The Controller has held that Section 60 of the Indian Patents…
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Continue reading →: Commercial Ordinance turns into an Act
The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 has come into effect from October 23, 2015. The intent of this Act is to establish a court for commercial litigation in India which will follow best practices from around the world. The projected timeline of…
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