Justice Endlaw’s Lessons on Legal Drafting
Earlier this year, Justice Rajiv Sahai Endlaw made a concluding remark on the “non-essential verbosity” of a plaintiff in a civil dispute .
He observed that the plaint filed therein was a classic textbook case of how not to draft a plaint, which he felt should have been taught in law schools.Justice Endlaw has...
Place the (Trade Marks) Act Before the Rules: Del HC Directs Registry to Record Grounds of Refusal of Applications
In a much-lauded decision, Justice J. R. Midha of the Delhi High Court has made it easier and quicker for applicants to appeal a decision of the Registrar of Trade Marks arising from a refusal or partial acceptance of a trademark.
This decision arises from a writ petition (Intellectual Property Attorneys...
Small businesses looking to protect IP? Remember these 9 things before securing your innovation
Founders need to make sure that all the employees assign their innovations to the company. Agreements with contractors and consultants should also provide clarity on who will own what.
Intellectual property (IP) could arguably be one of the most valuable assets of any young enterprise. Therefore, it must be managed...
Indian IP jurisprudence is the real winner in the Monsanto cotton technology case
On 8th January, the Supreme Court of India (India’s highest court) ruled in favour of Monsanto in the much discussed Monsanto Technology v Nuziveedu Seeds Ltd case.
Monsanto had challenged the April 2018 order of a two-judge bench (DB) of the Delhi High Court (DHC) which had revoked Monsanto’s Indian patent...
Excluding “Essentially Biological Processes”: Implications for Monsanto vs Nuziveedu
Section 3(j) of the Indian Patents Act excludes plants, animals and “essentially biological processes” (for the production of plants and animals) from patent protection.
The Delhi High Court relied significantly on European precedents to hold that Monsanto’s claimed invention covering the Bt gene construct and a...
What exactly are geographical indications?
The acid test for a GI product, therefore, is whether the consumers perceive it to originate from a certain geography and attribute the qualities, characteristics or reputation to that region.
Recent conversations around geographical indication have involved cases such as a GI tag on Alphonso mangoes from Ratnagiri...
Is personal data protection bill a double edged sword?
The last few years have seen phenomenal development and deliberations around the globe with respect to the issue of privacy of the digital data.
The GDPR has been one such mega-development in the European Union wherein a full-fledged legal framework has been structured to regulate digital economy with an aim to...
Supreme Court of India set to rule in crucial plant innovation dispute
There are important legal issues at stake in the Supreme Court of India’s ongoing review of the patentability of Monsanto’s Bt Cotton technology, explains K&S Partners’ Deepa K. Tiku
All eyes in India are currently on the country’s Supreme Court where the agro-biotech giant Monsanto is battling to reclaim its...
What exactly are GIs and who can apply for GI status
Recent conversations around geographical indication have involved cases such as a GI tag on Alphonso mangoes from Ratnagiri and Sindhudurg, the Coffee Board applying for GI to protect Araku coffee, and the tussle between Odisha and West Bengal over the rosogolla.
What exactly are geographical indications? Who can...