Page 3 - A&A Patents&Design Rewind-2016
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TABLE OF CONTENTS
THE APPRISING
1. India rolls out its maiden IPR policy 7
2. A new day has come: Patents (Amendment) Rules 2016 11
3. Copyrights and Semiconductors Come Under the Umbrella of the Ministry of Industry and Commerce 13
4. Government launches IPR protection scheme for facilitating start-ups (SIPP) 14
5. Central government fixes the sale price and trait value of cotton seeds 15
6. A theoretical debate: DIPP releases a discussion paper on SEPS 16
7. Cap on royalty levied by companies licensing GM technology 21
8. Revised guidelines on similar biologics in India 22
9. Government in action: calls meeting with stakeholders to redress IP issues 24
10. National Biodiversity Act: issues and recommendations 25
THE JURISPRUDENCE
11. “Lid” and “Container” both qualify as an article 29
12. Suit Decreed for Delayed Filing of Reply by the Defendants 30
13. Merck Sharp & Dohme ex-parte ad-interim injunction for Sitagliptin maintained 31
14. Bar of Burden of Proof on Defendants raised 32
15. Delhi High Court Refuses to Stay Anti-Competitive Investigation against Ericsson 33
16. Removal of Godrej’s patent from the register of patent held hypertechnical and extreme 34
17. Ericsson v Lava saga 35
18. Injunction on Xiaomi vacated for concealment of material facts by Ericsson 38
19. Nuziveedu Restrained From Selling Bt. Cotton 39
20. Vipro Lifesciences prohibited from commencing marketing of Vardenafil 40
21. Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act, 2001, Declared Void 40
22. Notifications under Section 26A of the Drugs and Cosmetics Act declared legally untenable 42
23. Trastuzumab Cannot be Sold as a Bio Similar of Roche’s Trastuzumab 44
24. Appellate Court Not to interfere with a Single Judge’s Order Supported with Cogent Reasons 47
25. Difference in Angle Not Significant to Defeat an Otherwise Good Claim 48
26. Intent and Conduct Weigh Heavier Than Principles of Natural Justice 49
27. No Injunction Under Common Law If No Design Is Registered 51
28. Orientation versus Configuration 52
29. Patent Revoked by the IPAB While its Surrender Application was Pending 53
30. Patent office order set aside for its disobedience of the decision of the Appellate Authority 54
31. A Case Study- Section 3(c) 56
32. Application for Sofosbuvir Sees light of the day 59
33. Patent Application for Cancer Drug (Enzalutamide) Refused by the Indian Patent Office 61
34. Etanercept applications granted by the IPO 63
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