The Nagoya Protocol – Convention on Biological Diversity

A new international treaty named the “Nagoya Protocol” will be giving some relief to India and other developing countries. The Nagoya Protocol on Access to Genetic Resources with an objective of ensuring access of genetic resources to the signatory countries and ensuring fair and equitable sharing of benefit to the local community and signatory country that provides genetic resources is a supplementary agreement to the Convention of Biological Diversity. The protocol singed in Nagoya, Japan on 29th Oct 2010 having 50 signatory states (ratification by 50 countries being the threshold requirement) as on today is all set to come in force... Read More

Indian Patent office rejects Patent claim over Abraxane

In a major setback, the Indian Patent Office denied a patent to an anti cancer drug Abraxane manufactured by US-Based Abraxis BioSciences. Here we will discuss the decision given by IPO at the back drop of the arguments advanced by the respective parties. The copy of the decision made by Controller General of Patents can be accessed here.  Background In a brief, Patent application no. 2899/DELNP/2005 filed by Abraxis Biosciences was earlier rejected by Indian patent office on 24th July 2009, based on u/s 2(1)(j), u/s 3(e ) and u/s 10 of the Patents Act, 1970. Being aggrieved by the... Read More

Tesla Motors Decide to Open Source their Patents

On June 12th 2014, Elon Musk, CEO and Chief Product Architect of electric car company Tesla Motors announced that Tesla Motors will let other companies use its inventions under an open source inspired agenda at the company. This is how Elon Musk put it in his blog post- “Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.” This initiative came as a huge surprise to the technology space, and got a lot of people thinking. Considering Tesla’s exhaustive Patent portfolio, this move came as a bigger surprise to some, as the company... Read More

ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear. A city based journalist and social activist, Dr. Subash Mohapatra has filed case against Amir Khan Productions challenging the trade mark ‘Satyamev Jayate’ which is in public domain and thus cannot be monopolised in respect of any goods and services. The SDJM court, Bhubaneswar has admitted the case filed. The petitioner has claimed that... Read More