Novartis AG v. Union of India and Glivec patenting

Novartis Glivec
Reasons, Results and Repercussions of India’s fight against evergreening Preena Salgia, Student of Law, NLIU, Bhopal Glivec, an anti-cancer drug developed by the pharmaceutical giant Novartis, created a furore in the Indian drug industry when its patent application was rejected by the highest court of appeal in the country. The rejection was largely a result...

KSRTC vs KSRTC, the Trademark issue

ksrtc-super-fast-bus
The state claimed transport enterprises in Kerala and Karnataka are in a go head to head over the issue. Albeit both the road transport enterprises have been working under the moniker KSRTC for quite a while, Karnataka a year ago trademarked the name as its own, setting off the debate. Kerala KSRTC understood the gravity of the issue just when they got a letter from Karnataka to stop utilizing the...

Legal challenges on account of domain names

DotCom_Logo_OnWhite
Prof. (Dr.) Sreenivasulu N.S1and Jagadish. A.T2. Domain names are assets of cyberspace3. The quintessence of domain name lies in the fact that, with growth of internet the magnitude of domain name have sky-rocketed. No doubt from birth of any technology followed by its growth it faces challenges and obstacles, so in case of domain names. With the latest enter to IPv6 (Internet protocol version 6) 128-bit...

International Trade in Gambling Services

Parth Chandra1and Sajid Sheikh2. In World Trade Organisation (WTO) jurisprudence, ‘gambling & betting services’ includes any activity involving the placing of bet or wager, that is, instances in which a person risks something of value (generally money) on the outcome of an uncertain event3. In this view, a bet or a wager can be made with respect to casino- type games, lotteries & sporting...

No infringement in using similar prefixes by registered owners

Shatrunjay Bose, Student of law UPES, Dehradun The Bombay High Court stated that if two parties have registrated their trademarks using identical prefix, those parties can use the same for all its trading and miscellaneous purposes and the use is not limited for use by only one of the party While relying on the Trademarks Act, the court said use of such registered trademarks by another registered owner...

Transfer Pricing: Analysis of LG Electronics India Pvt Ltd Case

Devang Bhasin and Aishwarya Diwan1.  “The taxation of income from intangibles is perhaps the most important large case issue in the inter-company transfer pricing world today2.” An increasing number of multinational enterprises (hereinafter “MNE’s”) have been tapping the Indian market by offering their products through local affiliates. Due to...

Indigenous Knowledge in Environmental Protection and Intellectual Property: Striking a balance

Evangelia Linaki, Research Associate In view of the International Day of the World’s Indigenous Peoples on 9 August, it is a good opportunity to reflect on the contribution of Indigenous Peoples and the major current challenges they have to face. One hotly debated issue is that of the protection of indigenous knowledge under the Intellectual Property (IP) regime. In other, words, is IP law capable...

Merger Control under Competition Act

Suchismita Pati, NUJS, Kolkata After the opening of liberalization gates in 1991, the world economy has witnessed profound changes in the market. Corporate reorganizations in the form of mergers and acquisitions are having a positive prospect thereby increasing the competition in the market economy1. Mergers along with amalgamations and acquisitions have been categorized as combinations2under the Indian...

Copyright infringement and protection

Author: Abhinav Gaur, Research Associate The first Copyright Act (India) was passed in the year 1914. Currently, the Copyright Act, 1957 governs the copyright law in India. The original Act of 1957 was amended several times like in the year 1983, 1984, 1992, 1994, and recently in 1999. Section 16 of the Act provides that, ‘no copyright exists in any work,...

Significance of Remedies Available In Intellectual Property Rights

Author: Abhinav Gaur, Research Associate Ubi Jus Ibi Remedium, this latin phrase expedites upon the fundamental of theory of every judicial system, which means where there is a right, there is a remedy. The existence of judiciary as a watchdog for every democratic set up can hardly be argued, as it the existence of judiciary and the punishment implicating laws that deter any wrong in society. The foremost...

Misleading Advertisements: Concept, Concerns and Remedies

Author: Aniruddha Jain “Advertising may be described as the science of arresting human intelligence long enough to get money from it”1- Stephen Leacock. Advertising is a form of communication used to encourage or persuade an audience to continue or take some new action. The communication can be made either through mass media or through new media. The...

Foreign Direct Investment in Retail – implications of the new regime

Author: Varsha Aithala “India remains a high potential market with accelerated retail growth of 15-20 per cent expected over the next five years1.“ Background: Organised or modern retail consists of chain stores owned or franchised by a central entity, or a single store that is larger than some cut-off point, typically consisting of various formats...

IPR and Competition Law Regime: Towards a Common Goal

Ashwini Siwal, Assistant Professor, Faculty of Law, University of Delhi. The present paper is divided into four parts; the first part consists of a brief introduction. In its second part the paper broadly outlines the policy, justification and economics behind each regime. After an overview the paper delves into the misconceived controversy between the two regimes and has delineated that the two are...

Intellectual Property: The Dominant Force In Future Commercial Transactions Comprising Mergers and Acquisitions

Authors : Puneet Yadav & Prashant R Dahat There is a well-established statutory, administrative and judicial framework to safeguard intellectual property rights in India, whether they relate to patents, trademarks, copyright or industrial designs. Well-known international trademarks have been protected in India even when they were not registered in India....

India Trademark Attorney

There are two ways to become an India Trademark Attorney. One being eligible by professional qualification to practice before the Trade Mark Registry of India or pasing the qualifying examination conducted for becoming a Trade Mark Agent. The Trademarks Registry conduct an examination to admit persons to become Trademark Agents entitled to practice before the Trademarks Registry. The qualification...

Conflict between Competition Law and Intellectual Property Rights

Competition Law and its conflict with IPR Author: VS Warrier In pursuit of globalization, India has responded positively by opening up its economy, removing controls and resorting to liberalization. In quest of increasing the efficiency of the nation’s economy, the Government of India acknowledged the Liberalization Privatization Globalization era. As a result Indian market faces competition from...

Outsourcing and its Economic effect – With special reference to Legal Process Outsourcing.

Author: Kanishk Thakur IN TODAY’S competitive world of business, gaining efficiency and staying profitable have become the corporate “mantras”. Like other BPO (Business Process Outsourcing) activities, India’s legal services are affordable and efficient. Most international law firms based in the US and Europe is taking the Legal Process Outsourcing (LPO) route to be lucrative. Several...