Inside Secure states, France Brevets licenses NFC Patents to HTC

Access to robust data and effective analytics are the must for today's business world. But sometimes it can be difficult to acquire good data. That's where near-field communication (hereinafter referred as “NFC”) technology comes in. NFC is a short-range high-frequency wireless communication technology which enables the exchange of data between devices when they're touched together or brought within a few centimetres of each other by using magnetic field induction. Reportedly, on November 14, 2016, Inside Secure (INSD.PA) has announced that France Brevets have granted to HTC (mobile phone Company) a worldwide patent license under their NFC Patent Licensing Program for use... Read More

China (SIPO) Proposed Amendments Patent Examination Guidelines

On October 27, 2016, the Chinese Patent Office - State Intellectual Property Office (SIPO) published Revised Patent Examination Guidelines draft to remove the software and business method patents hurdles in Chinese Jurisdiction. The published draft will be open for public comments till November 27, 2016. Chinese Patent Law, under Article 25(2) mandates that patent rights shall not be granted for “rules and methods for mental activities”. Such provision under Article 25(2) is frequently resorted to by patent examiners during examination for rejecting computer implemented business method patents. SIPO spotted the concern that although many patents are related to technical subject... Read More

RENOVA Expands Intellectual Property Portfolio For Cardiovascular And Metabolic Disease Treatments

Renova Therapeutics(hereinafter referred as “Renova”) founded in 2009 and headquartered in San Diego, California, a biopharmaceutical company develops gene therapy treatments for congestive heart failure (CHF) and other chronic diseases The Company also provides gene therapies in pre-clinical stage for those who suffer from Type II diabetes. Reportedly, Renova has obtained an exclusive worldwide license to a urocortin 3 gene patent from the non-profit Research Development Foundation (RDF) and plans to research this therapeutic gene with the intention to create paracrine gene therapy treatments for patients with cardiovascular diseases such as heart failure. Reportedly, previously this year only, it has also... Read More

Licensing Agreement for Multiple Pediatric-focused Products between Lupin and MonoSol Rx

Reportedly, Lupin Pharmaceutical Inc.(LPI,US subsidiary of pharma major Lupin Limited) and MonoSol Rx, a specialty pharmaceutical company have entered into a strategic licensing agreement (OCT-2016) wherein Lupin would develop multiple pediatric products utilizing MonoSol Rx’s patented PharmFilm® drug delivery technology. Lupin Limited is an innovation led transnational pharmaceutical company which develops and offers a wide range of branded & generic formulations, biotechnology products, and active pharmaceutical ingredients (API) globally. Lupin is the 5th and the 7th largest[1] generics pharmaceutical company by market capitalization and sales globally; the 3rd largest Indian pharmaceutical company[2] by revenues; the 6th largest generic pharmaceutical company... Read More

THE ORIGIN STORY OF “SUPERHERO”

Ms. Sakshi Sharma, an intern at Khurana & Khurana looks into recent opposition matters pertaining to the Trade Mark Superhero of DC and Marvel. Upon uttering the word Superhero, pretty obviously all you can picture are comic books or movies, the characters themselves or the two comic book giants which are constantly at loggerheads with each other, Marvel and DC. Hence, it comes as no surprise that the trademark of Superhero is registered by both of them. Yes, you read it right, both of them. The instances of jointly registering trademarks are rare but not unknown and the words “Superhero”... Read More

Research Exemption under Patent laws in India and USA

Whenever a patent is granted, patentee gets a right to prevent third parties from doing certain activities without the permission of the Patent Owner. Exercising any of the rights without permission of the Patentee constitutes the infringement and infringer is liable to be prosecuted in the court of law. However, rights granted to the Patentee are not the absolute rights and Patent Act provides for some exceptions. Section 48 and Section 107A of the Indian Patent Act, 1970 have been reproduced below which respectively provide for rights of the Patentees and certain activities that do not constitute infringement. Section 48:... Read More

SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, trade dress is the visual or sensual experience of a product and is inclusive of the packing, shape and combination of colours used in packaging, such that it distinguished the product from the ones of its competitors. So anything from the wrapping of Cadbury chocolates... Read More

Interplay of section 63 and section 64 of Indian Patent Act, 1970

What is the effect of surrender proceedings on the ongoing opposition/ revocation proceedings? Can they be linked to each other when neither of section 63 or section 64 are subject to each other? It is important to note that both the proceedings can be initiated at any time after the grant of the Patent. Section 64 can be initiated by any person interested, central government or by the alleged infringer in counter-claim. Section 63 can be initiated by Patentee and can be opposed by any person interested. Section 63 is one of those provisions of the Indian Patent Act, 1970... Read More