Copyfight or Copyright?- An analysis on the legal scenario of parallel importation

On 19 March, 2013, in a closely divided 6-3 judgment in Kirtsaeng v. John Wiley, the U.S. Supreme Court held that copyright law could not be used to prevent parallel importation into USA for works that are made outside USA. The facts of the case are as follows: In 1997, a student named Supap Kirtsaeng, from Thailand arrived at the Cornell University, U.S. to study. He noticed that the textbooks in the U.S. were considerably more expensive than the same textbooks bought abroad. He started his own import business wherein friends and family, from back home, sent him textbooks, which... Read More

What is a Priority Date of a Patent of Addition?

This Article would not discuss as to what is a patent of addition, when does it expire etc., answers to which are clearly mentioned in the Indian Patents Act. Briefly to sum up, a Patent of addition can be filed at any time either before or after the grant of a main application for an improvement/modification on the main invention and expires with an expiry of the main patent (Sections 54, 55 of the Patents Act). Further Section 56 of the Patents Act clarifies that a main application/patent cannot be cited to establish lack of inventive step in the patent... Read More

Depository Material

Indian Patents Act provides an applicant to deposit a biological material in support of the Indian patent application. It is an exigent via which an applicant can cure what might otherwise be a conceivably fatal defect in a patent application or even for an issued patent. A “biological deposit” can, in that case, fulfil the requirement of best mode, sufficiently describing the invention and its operation or use and the method through which it is to be performed. Furthermore, biological material deposited and incorporated into the disclosure may be used to support a claim interpretation more broadly than that explicitly... Read More