Intellectual Property

Medical Use Claims in India, US, and EP

Introduction Medical use claims constitute an important aspect of the pharmaceutical industry. Such claims comprise the use of known substances for the treatment of diseases or any other medical procedure. These types of claims may comprise the ‘first use’ or ‘subsequent use’ of the existing product or process. However, the Indian Patent Act does not […]
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The Intersection between Indian Copyright and Design Laws

Introduction The inherent nature of intellectual property often leads to overlapping rights for an owner over the same subject matter. This creates challenges for enforcement agencies in ensuring that these rights coexist smoothly and in setting consistent legal precedents. One such area of uncertainty arises between copyright and design law, particularly with regard to artistic […]
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Clinical Trials and Patentability in India

Introduction India has established itself as a global hub for pharmaceutical research, often referred to as “the pharmacy of the world.” This status was redefined in 2005 when India aligned its intellectual property (IP) regime with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. The Patents (Amendment) Act of 2005 introduced full patent protection […]
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Trans-Border Reputation of Trademarks

Introduction In today’s globalized economy, a trademark can transcend borders, influencing consumer choices worldwide. Yet, when it comes to legal protection, does a trademark’s global reputation hold weight in a specific jurisdiction? Indian courts have grappled with this question in landmark cases over the years. A trademark is any word, name, symbol, or design that […]
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Ensuring Patent Claim Integrity: Options for Correcting Errors in Indian Patent Applications

Background In patent applications, precise and accurate claims are vital, as they define the boundaries of protection the patent will offer. Yet, clerical errors occasionally appear, ranging from minor spelling or grammatical mistakes to misstatements in technical parameters. Correcting these errors is crucial because they can impact a patent’s scope, and sometimes even its enforceability. […]
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Intellectual Property Essentials for Indian Startups

Introduction India has swiftly emerged as one of the world’s top startup ecosystems, driven by government policies, a large and youthful population, and increasing digital penetration. According to the Economic Survey, the country now ranks as the third-largest startup ecosystem globally, behind the United States and China. Notably, Indian startups are recognized for their innovation, […]
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Section 3(d) Strikes Again: Nippon Steel v. Controller General of Patents

Introduction Section 3(d) of the Indian Patent Act (hereinafter, “the Act”) bars the patentability of new uses or new forms of known compounds and compositions unless these changes result in significant therapeutic efficacy. Various judgments have established precedents clarifying non-patentability objections, particularly those under Section 3(d) of the Indian Patent Act.  In a recent judgment […]
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Should Celebrities Register their Names and Images as Trademarks in India?

Introduction In recent years, many celebrities have sought to protect their reputation and popularity by registering their birth names and professional names as trademarks worldwide. In India, while ‘celebrity’ isn’t clearly defined in IP law, the Copyright Act uses ‘performer,’ which includes actors, singers, musicians, dancers, and other public entertainers. Historically, trademark offices were hesitant […]
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