Delhi High Court Upholds Roche’s Patent Claims on Lung Cancer Drug (Tarceva) against Cipla

A division bench of Delhi High Court on 27th Nov 2015 held that the Indian drug manufacturer Cipla infringed Swiss pharmaceutical company Roche's patent on Erlotinib hydrochloride, marketed under the name of "Tarceva". Roche was granted a patent in India on Erlotinib hydrochloride (Tarceva) in 2007. Roche sued Cipla for patent infringement in January 2008 soon after Cipla announced its intent to launch a generic version of Erlotinib (i.e. Erlocip) at Rs.1,600 per tablet, compared to Roche's selling price of Rs.4,800 per tablet. The verdict came on the pleas of Cipla and Roche, both of which had challenged the single... Read More

Establishment of Commercial Courts Division at Delhi High Court

Pursuant to the Promulgation of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 the Hon’ble the Chief Justice vide orders dated 15.11.2015 has declared the constitution of Commercial Division at Delhi High Court with Six Benches, consisting of a Single Judge each, under Section 4(1) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015, with effect from 16.11.2015. Hon’ble the Chief Justice vide orders dated 17.11.2015 has further declared constitution of Commercial Appellate Division with four Division Benches at Delhi High Court under Section 5(1) of The Commercial... Read More

VPATAPP – An Android Based Free Mobile App

We at IIPRD are glad to associate with a team of IP Enthusiasts who have developed an android-based mobile application called “VPATAPP”, and are happy to give a brief introduction of the same to our readers. This is first of its kind of offering on android play store and is available free of cost. About the app: VPATAPP is a simple tool which acts as a repository for the patent data across the globe. The app exclusively deals with the patent related resources across the globe and does not cover other forms of IPR. This tiny app is meant for... Read More

Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance Promulgated in India

The President of India on October 23, 2015 promulgated the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015, No. 8 of 2015. The ordinance aimed towards constitution of Adjudication Authority for speedy disposal of commercial dispute of specified value and matters connected thereto. Highlights of the Ordinance are as follows: Commercial Dispute: Ordinance provides definition of Commercial dispute to include disputes relating to transactions between merchants, bankers, financiers, traders, Intellectual Property Disputes, Contractual disputes related to the commerce, licensing and distribution agreements, partnership agreements, technology development agreement inter alia. Valuation of Dispute: Ordinance provides that... Read More

A Simplified Account of Patenting Procedure in India

Well, this is something for which we have been getting queries on regular basis from individual inventors, universities and companies in India as well as outside India. This article comprehensively addresses all the procedural issues which normally applicant faces while patenting invention in India. Though this article focuses on the procedural aspects, it is always a good idea to start a discussion with basics. Patents are territorial rights which mean to secure invention in India, one has to get it patented in India. No regional patent applies to India. It is to be noted that patent does not confer on... Read More

Draft Patents (Amendment) Rules 2015

Indian Patent Office (IPO) has recently published Draft Patents (Amendment) Rules 2015 and has invited comments (objections or suggestions) from public within 30 days from the publication of the notification (26th October 2015). The proposed draft can be accessed here. The major change suggested (proposed) under the draft Rules are as follows: In addition to above rules, there are some proposed amendments in Form 1, 2, 3, 4, 13 and Form 27. Further 3 new forms have been proposed namely: Form 18A: Request for expedited examination of application for patent; Form 29: Request for withdrawl of request for examination and request for... Read More