An obituary for the IP Appellate Board
3 years, 11 months ago

An obituary for the IP Appellate Board

The Hindu  

The demise of the Intellectual Property Appellate Board, India’s specialist tribunal for determining disputes relating to intellectual property rights, is symbolic of its tenuous life. Though the patents side of the IPAB existed in theory since 2002, the Central government notified its functioning only in April 2007 after a rebuke from the Madras High Court. After the notification, the High Court transferred Novartis’ petition and subsequently all other pending patent cases to the IPAB. Even though the IPAB has not been performing its adjudicatory function on the patent side regularly due to administrative reasons, it certainly has been the subject matter of judicial review before the various High Courts. One lasting memory of the IPAB will be the image of a dimly lit court hall with the presiding judges poring over patent specifications covering high technology using two emergency lights and the counsel arguing the case using the flashlight on his phone.

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History of this topic

9,700 patents filed in Tamil Nadu in one year, robust support needed for emerging tech
3 weeks, 6 days ago

9,700 patents filed in Tamil Nadu in one year, robust support needed for emerging tech

New Indian Express  

CHENNAI: Tamil Nadu has made significant strides in innovation, filing 9,700 patents in 2024. However, there is a growing need for a well-structured Intellectual Property ecosystem to support emerging technologies, according to Madras High Court judge Senthilkumar Ramamoorthy. Speaking at the Tamil Nadu Technology Development and Promotion Centre’s conference on Auto Tech – IP Trends, organised by the Confederation of …

Stronger capacity-building efforts needed for robust IP enforcement framework: Madras HC judge
1 month ago

Stronger capacity-building efforts needed for robust IP enforcement framework: Madras HC judge

The Hindu  

Madras High Court judge Justice Senthilkumar Ramamoorthy called for stronger capacity-building efforts to ensure an adaptive and robust Intellectual Property enforcement framework, citing the challenges posed by rapid technological advancements. “The transition to software-defined vehicles necessitates a robust legal framework that not only protects but also facilitates accessibility to IP resources emphasising legal professionals must be equipped with the necessary …

The judiciary’s shadow over standard essential patents
10 months, 2 weeks ago

The judiciary’s shadow over standard essential patents

The Hindu  

There is a possible crisis brewing in India over the manner in which certain technology companies are wielding ‘standard essential patents’ against the telecom manufacturing sector in India. While the competition law issues remained mired in litigation, the Delhi High Court proceeded to hear lawsuits filed by Ericsson and other SEPs owners against manufacturers of cellular phones on the question …

Writ Petitions Against Orders Passed By IPAB Must Be Decided By Single Judge: Delhi High Court
1 year, 5 months ago

Writ Petitions Against Orders Passed By IPAB Must Be Decided By Single Judge: Delhi High Court

Live Law  

The Delhi High Court has ruled that the writ petitions challenging the orders passed by the Intellectual Property Appellate Board before its abolition in 2021 would have to be heard and decided by a single judge and not a division bench.Tribunal Reforms Act, 2021 abolished various Tribunals including India's Intellectual Property Appellate Board and assigned their functions to. The Delhi …

“Delay By State Leaving Aggrieved Persons In Lurch”: Madras High Court Directs TN Govt To Notify Inauguration Of Its Intellectual Property Division
2 years, 1 month ago

“Delay By State Leaving Aggrieved Persons In Lurch”: Madras High Court Directs TN Govt To Notify Inauguration Of Its Intellectual Property Division

Live Law  

The Madras High Court has directed the State government to notify the inauguration of its Intellectual Property Division. When the Madras High Court on the administrative side had approved the Rules and resolved to start the Intellectual Property Division and forwarded the same to the State Government way back on 26.10.2022 for issuance of notification, we do not find any …

HNLU: Report On Patent Opposition System Provides Recommendations On Enabling Ease Of Doing Business In India
2 years, 2 months ago

HNLU: Report On Patent Opposition System Provides Recommendations On Enabling Ease Of Doing Business In India

Live Law  

In a bid to streamline pre- and post-grant opposition proceedings and enable ease of doing business, Hidayatullah National Law University Raipur, today presented a report titled, ‘A Study of Patent Opposition System’ to Mr. Anurag Jain, Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry and Ms Shruti Singh, Joint Secretary, Department for Promotion of …

Explained | The Indian patent regime and its clash with the U.S. norms
2 years, 9 months ago

Explained | The Indian patent regime and its clash with the U.S. norms

The Hindu  

The story so far: The U.S. Trade Representative said in a report released last month that India was one of the most challenging major economies as far as IP protection and enforcement is concerned. In its India section, the report highlighted a range of issues in domains ranging from copyright and piracy to trademark counterfeiting and trade secrets, saying that …

Legal Expatiate: 4 Days Online National Workshop On Facets Of Intellectual Property Laws In India [Register by 19.7.2021]
3 years, 8 months ago

Legal Expatiate: 4 Days Online National Workshop On Facets Of Intellectual Property Laws In India [Register by 19.7.2021]

Live Law  

About Legal Expatiate : Legal Expatiate is an initiative in lockdown to bring together the best talent of this country and to infuse them with a nation-first attitude. An active forum of researchers, professionals, and students where they arrange webinars of Senior Advocates, High Court Judges and other luminaries, where they arrange various competitions like Research Article Writing Competition, Moot …

The Tribunals Reform Ordinance, 2021 Abolishes IPAB In An Effort To 'Streamline' Tribunals
3 years, 11 months ago

The Tribunals Reform Ordinance, 2021 Abolishes IPAB In An Effort To 'Streamline' Tribunals

Live Law  

A recent bill was introduced in the Lok Sabha by Minister of State Finance, Anurag Thakur. It further provides a mechanism for filing an appeal directly to the commercial courts or the High Courts, as the case may be, thereby dismantling various appellate tribunals including the Intellectual Property Appellate Board that is responsible for hearing appeals regarding patents, copyrights, trademarks …

Innovate in India: The country cannot afford to wait any longer for a robust intellectual property rights regime
6 years, 10 months ago

Innovate in India: The country cannot afford to wait any longer for a robust intellectual property rights regime

Firstpost  

India’s patent productivity is quite low compared to that of Japan, US, South Korea, and China. It is time for us to progress from manufacturing to innovation and an important requirement is a robust intellectual property rights system, India has improved its ranking in the U.S. Chamber’s international IP Index, to 44 out of 50 countries this year, which represents …

How India rejects bad patents
7 years, 2 months ago

How India rejects bad patents

The Hindu  

In 2005, India made some remarkable amendments to the Indian Patents Act of 1970, to keep medicines affordable in the country. Section 3 of the Indian Patents Act, a provision introduced to restrict the patenting of new forms of known pharmaceutical substances, became the subject of international attention after its use in rejecting a patent application by Novartis for the …

Second Annual Roundtable on Innovation, Intellectual Property and Competition
7 years, 8 months ago

Second Annual Roundtable on Innovation, Intellectual Property and Competition

Live Law  

Session I: Innovation Policy: What can it Teach IP Policy-Making in India? Session II: Role of IP and Competition Policy in Technology Markets: Business and Industry Perspectives Role of IP and Competition Policy in Technology Markets: Business and Industry Perspectives Session III: Patent Remedies in a state of flux: Principles and Practice Patent Remedies in a state of flux: Principles …

National Intellectual Property Rights: patently a missed opportunity
8 years, 9 months ago

National Intellectual Property Rights: patently a missed opportunity

The Hindu  

India’s >National Intellectual Property Rights Policy, released in mid-May, is a bewildering document. Achal Prabhala Achal Prabhala Sudhir Krishnaswamy Sudhir Krishnaswamy IP and innovation On the face of it, a >policy to grow IP, commercialise it, and thus drive economic growth sounds plausible. The National IPR Policy makes it clear that we will not roll back any aspects of Indian …

Patented medicine and affordability
10 years, 3 months ago

Patented medicine and affordability

The Hindu  

India’s ongoing efforts at safeguarding its intellectual property rights have been facing challenges from different directions. In turn, there are serious implications for India’s public health programme, especially in providing affordable drugs without in any way compromising on the treaty obligations with other countries. Almost coinciding with the last national elections, the U.S. Trade Representative placed India on a ‘priority …

Government holding IP Conference excluding civil society and academicians, during US lobby IPOA’s visit to India
10 years, 4 months ago

Government holding IP Conference excluding civil society and academicians, during US lobby IPOA’s visit to India

Live Law  

Engaging with office of the US trade representative or the US International Trade Commission on complaints of lack of IP protection has usually been avoided by India, especially at a time when the delegation of the US Patent lobby, Intellectual Property Owner’s Association will be visiting India.A conference on Intellectual Property protection and enforcement is. Engaging with office of the …

Defending India’s patent law
10 years, 10 months ago

Defending India’s patent law

The Hindu  

India and its intellectual property laws have been the subject of sharp criticism recently. “The TRIPS agreement does not limit the grounds on which compulsory licences can be granted, and does not prevent patent applicants from having to demonstrate enhanced efficacy for their allegedly new and useful inventions. India’s laws and experiences could provide a useful example for low-income and …

India revokes Roche patent; questions high price of drug
12 years, 4 months ago

India revokes Roche patent; questions high price of drug

Firstpost  

The Intellectual Property Appellate Board cited a lack of evidence that the drug was any better than existing treatments and its high price as reasons for the decision. India dealt a fresh blow to the international pharmaceutical industry on Friday as its patents appeal board revoked a patent granted six years ago on Roche’s hepatitis C drug Pegasys. The decision …

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