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Introduction Section 3(d) of the Indian Patents Act, 1970 holds a unique position within India’s patent law framework, particularly in relation to life sciences. It imposes additional scrutiny on patent applications concerning processes in this field. According to Section 3(d), patents cannot be granted for the mere use of a known process unless it results […]

Introduction Section 25(2) of the Indian Patents Act, 1970 and Rules 55A-62 of the Indian Patents Rules, 2003, deal with Post-grant opposition. Post-grant opposition can be filed by any interested person who may give notice of Opposition to the Controller at any time after the grant of the Patent but before the expiry of a […]

The protection of design rights in India is governed by the Designs Act, 2000. At present, Indian Patent and Design Office is reluctant to register Graphical User Interfaces (GUI)’s under Industrial Design Protection stating that GUIs cannot be regarded as an article of manufacture, and are hence disqualified as a design under this Act. This […]

    First published for Global Advertising Lawyer Alliance (GALA) at http://blog.galalaw.com/post/102i5c1/madhya-pradesh-high-court-condom-ad-featuring-couple-playing-garba-does-not-hur