Three Days International Symposium on Strategies for Managing Pharmaceutical, Biotechnology and Chemical Patent Portfolios (United States, European and Chinese Scenario)

We are happy to inform you all that IIPRD and Khurana & Khurana, in association with Sughrue Mion, PLLC, USA, TEE & HOWE IPATTORNEYS, CHINA and MAIWALD, GERMANY are holding an International Patent Symposium covering all major and relevant Pharmaceutical, Biotechnology and Chemical Patent Portfolios in the month of October, 2015 in India. The Three-Days International Symposium would be covering Strategies for Managing Pharma, Biotech & Chemical Patent Portfolios in US, EP & China and is being held from 5'th to 7'th October 2015, at Hotel Hyatt, Vastrapur, Ahmedabad and 7'th to 9'th October 2015, at Hotel Hilton (Andheri East), Mumbai.... Read More

Division Bench of Delhi High Court passed an interim order in Glenmark v. Symed (July 2015)

The High Court of Delhi has passed an interim order wherein the  Justices have made it clear that the appellant (Glenmark) may use any other process which may be a development of Glenmark process / Upjohn process so long as it does not infringe the patented processes of the respondent (Symed). Background: Symed Laboratories Ltd. is an Indian bulk drug manufacturer based in Hyderabad. Among other drug products, it manufactures Linezolid, an antibacterial used to treat skin and blood infection including pneumonia. Symed owns two process patents (IN213062 and IN213063) for the manufacture of intermediates for linezolid. The product patent... Read More

Compulsory Licensing Application against the Patented Drug SAXAGLIPTIN by Lee Pharma

Lee Pharma, a Hyderabad based Indian pharma company, has filed a Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the patented drug Saxagliptin for treating Diabetes Mellitus. The Patent on Saxagliptin was granted to Bristol Myers Squibb (BMS) in India on 30th April 2007 having number IN 206543 having title “A Cyclopropyl-fused pyrrolidine-based compound” which was assigned to AstraZeneca by way of Deed of Assignment. This is the third instance in India where a compulsory licence has been asked for. Earlier, Natco got its first CL against Bayer’s patented drug Sorafenib... Read More

Section 3(D) of Indian Patent Act Strikes Again

India revoked yet another drug patent granted to a German MNC, Boehringer Ingelheim, for its respiratory drug, Spiriva (crystalline tiotropium bromide monohydrate) at a time when the US is putting pressure on Indian government for not providing adequate patent protection to multinational drug companies. In its decision, the patent office held that Boehringer failed to establish any technical advancement or any economic significance for the compound, and the monohydrate crystal form also fails to demonstrate any new therapeutic efficacy and therefore cannot fulfill the requirement of a patentable invention under Section 3(d) of the Patents Act. Facts and highlights of... Read More

Criticism Sites using Confusingly Similar or Identical Domain Names

Medhavi Singh, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks into a trademark litigation relating to criticism sites using confusingly similar or identical domain names. Cybersquatting is the buzz word in the arena of domain name disputes and various.IN Domain Name Dispute Resolution Policy (INDRP) and Uniform Domain Name Dispute Resolution Policy (UDRP) decisions regarding cybersquatting have taken front seat when it comes to recent Intellectual Property Law developments. The World Intellectual Property Organization (WIPO) has defined cyber squatting[1] as pre-emptive registration of trademarks as domain names by third parties, wherein the ‘first-come first-serve’ nature of domain name... Read More

Win.rar wins over the Disputed Domain Name winrar.com under UDRP Proceedings: win.rar GmbH v. Win Road Assistance Repairs Pvt. Ltd

Recently, granting a major victory to our client, the World Renowned Data Compression Software System provider win.rar GmbH, Administrative Panel, WIPO under UDRP, in its recent decision vide Case no. D2015-0398, issued transfer of disputed domain name www.winrar.com  to win.rar GmbH. This article is to highlight the recent UDRP dispute wherein the Complaint was re-filed by win.rar GmbH over the long disputed domain name winrar.com adopted by one Win Road Assistance Repairs Private Limited. The Copy of the Decision can be accessed here.   Brief Facts Of The Case Complainant in the present case is win.rar GmbH who is holder... Read More

Now Unlock your Devices with a Selfie!

Abin Sam, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks into a patent relating to unlocking of devices with a selfie. Passcodes and the famous Fingerprint-Scans may soon be a thing of the past. Apple, on March 2015, has been granted a Patent that lets users unlock and secure their phones with a selfie! US Patent No. 8,994,499, titled "Locking and Unlocking a Mobile Device using Facial Recognition," would let users unlock their devices by taking a photo of their face to prove who they are. It's the biometric alternative to the Touch ID, Apple's fingerprint scanner. The company... Read More

Parallel Imports

A company sets different price for its products for different countries as per the requirements. Parallel Imports come about when there is a Currency and Tax Difference between two countries as stated above, encouraging people to import products from one country and sell it off in the other country to earn profit (For example: a person importing iphones from USA at lower price and selling those iphones in India after breaking the codes or selling magazine editions of one country into other at higher price). Now when we deal with Parallel Imports, the concept of ‘Principle of Exhaustion’ comes into... Read More

Delhi High Court Stays Order Restraining Lupin From Using Disputed Trademark ‘LUCYNTA’

Reportedly, Hon’ble Delhi High Court stayed an earlier order, dated 26 February, restraining Lupin from using the trademark “LUCYNTA” for its medicines, said to be deceptively similar to the trademark “NUCYNTA” of Johnson and Johnson. It was argued on behalf of Lupin that Johnson and Johnson are neither selling any goods under the mark nor have any intention to do so in India. It was further argued that the ultimate test is to analyze who is first in the market being India. Further emphasis was laid on the argument that if an Indian company has honestly adopted the trade mark... Read More