The Coarse Course of the Trademark Agent Examination and the Viva Voce marks

A long wait of 5 years finally dawns upon the announcement of the Indian trade marks agent exam 2015 reigniting ageing dreams of aspirants. Notwithstanding the sigh of relief the announcement brought with itself, the onset of the trademark agent 2015 procedure and preparations however are not left untouched by certain rhetorics and concerns. To un-curtain this position on concerns, attention is sought towards the Rule 154 of Trademark Rules, titled ‘Procedure on application and qualifying requirements’ specifying: The qualifying marks for the written examination and for interview shall be forty percent and sixty percent respectively and a candidate shall... Read More

The Game of Fame and Name

One of the famous quotes of Shakespeare is ‘what’s in a name’. As well acclaimed and with due respect to his views  “a rose would smell like a rose even if it were called by another name” has lost its relevance in present day scenario. These days in the highly competitive environment and globalisation most of the world renowned celebrities are running behind name and  fame and want to  secure their reputation, which keeps on being bigger with every passing moment. So, there is a new buzz among celebrities to secure their reputation from unauthorised exploitation by registering their name... Read More

Research Exemption in Indian Patent Law

The research or experimental use exemption permits researchers and product manufacturers to make certain use of a patented invention. The general idea behind this exemption is that it sets boundaries to patent holder rights such that the patent holder cannot prevent third parties from undertaking certain activities with respect to the patented invention. In pharmaceutical context, the experimental use exemption is referred to as "Bolar exemption". The Bolar exemption provides an exception from patent infringement to the generic manufacturers from using patented drugs for research and development, for the sole purpose of submission of information for regulatory approvals of generic... Read More

Patentability of Genes, Gene Sequencing & DNA based Primers

Patents have been granted in various biotechnology fields such as genetically engineered plants, human genetic sequencing, recombinant DNA molecule, diagnostic kits, stem cells, isolated nucleic acid encoding a gene and DNA related inventions such as preparing vectors, primers etc, but it was not the same before genetically engineered microorganism was granted a patent first. The patenting of genes and/ or DNA sequences has always been popular in the US, European Union (EU) and Japan. However, patenting of DNA sequences/ genes per se was not allowed in India until January 2005, but processes involving recombinant DNA technology to produce proteins involving... Read More

Interpretation of Section 31 of Indian Patents Act, 1970

While the focus of the article is specifically on the interpretation of section 31, mentioning other relevant sections of the act and trying to understand the purpose of section 31 will help us interpret the section 31 correctly. Chapter VI of Indian Patents Act, 1970 titled ‘Anticipation’ sets out the circumstances that are not anticipation. Section 34 of the act titled ‘No anticipation if circumstances are only as described in sections 29, 30, 31 and 32’ makes it clear that if circumstances are different from that described in sections 29, 30, 31 and 32, then they would cause anticipation. Section... Read More