In the intricate realm of intellectual property, patent applications stand as sentinels, safeguarding the ramparts of innovation. Yet, there lies an inherent tension within their walls: the recurring debate surrounding the coexistence of method and system claims in a single patent application. While the ethos behind such claims is to ensure holistic protection, many challenge […]
Introduction The intersection of patent rights and competition law is a complex and significant aspect of modern legal jurisprudence. The issue of whether a patentee’s actions can be subjected to inquiry by the Competition Commission of India (CCI) has been a subject of debate in several legal cases. This blog explores four appeals and a […]
In a proactive move to safeguard the interests of investors in the Indian securities market, the Securities and Exchange Board of India (SEBI) has recently introduced a comprehensive Advertising Code for Investment Advisors (IA) and Research Analysts (RA) [1]. Through this circular, dated April 2023, SEBI aims to bolster the existing code of conduct under […]
The Ministry of Electronics and Information Technology (MeitY) has introduced significant amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, marking a notable step forward in regulating online real money games in India. These revisions represent a proactive approach by the government to address concerns related to addiction, financial losses, […]
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 […]