The India Biological Diversity Act: A review of the Amendment Bill 2021
When the Intellectual Property Appellate Board was suddenly abolished in April, lawyers across India were taken by surprise. Espie Angelica A. de Leon finds out just what lawyers are thinking of its abolition in this eulogy to the IPAB.
It is important for countries like India, with diverse biological resources, to have...
Role of IPR in Forming Legal Strategies for Pharma Industry
Pharmaceutical industry currently has an evolving IPR strategy requiring a better focus and approach in the coming era. This article chalks out the evolving role of IPR in framing legal strategies for pharmaceutical industry.
In the era of globalisation, there is a constant technological race especially in the field of...
An Indian perspective on intermediaries and safe harbours
Rajendra Kumar and Deepak Gogia of K&S Partners examine when internet service providers are liable for infringement of intellectual property and when they are protected by safe harbours
Read More
Delhi’s becoming stricter with injunctions – here’s how to get them
Precise claim mapping charts and detailed infringement annalyses can help convince IPD judges to grant ex-parte injunctions.
If you can approach the court before the defendant’s product launch, that is the best-case scenario. In such an instance, it is easier to prove that the balance of convenience lise in the...
What’s there in a copyright registration? – An Indian Perspective
Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright.
“Ques: Is it necessary to register a work to claim copyright?Ans: No. Acquisition of copyright is automatic and it...
Misleading Advertisements and Trademarks – A Registration Conundrum
K&S Partners and The Advertising Standards Council of India (ASCI) have recently released the report "Misleading ads and trademarks - a registration conundrum" which investigates how brands use misleading claims as trademarks and deceive consumers.
Consider a case where a descriptive trademark like ‘ALL WOOL’ has been...
Ipso facto words – India needs to simplify the ‘language of the law’
To non-lawyers “motion” means “movement or process of moving”; to us it means “application to a court”. To non-lawyers “said” means the past and past participle of “say”; it is an adjective for us – for example, the “said” building.
A genteel old lady who met me for some legal advice asked why we lawyers write in a strange...
For India and other countries, an IP waiver is a distraction
For India and other countries, an IP waiver is a distraction not a solution to the covid-19 vaccine crisis
Drawn-out discussions about a covid-related TRIPs suspension will not help the huge numbers of people in India and elsewhere waiting for vaccines, argue Deepa Tiku and Jyoti Sagar of K&S PartnersAs the world wades...
Drawing a parallel between aesthetics and functionality for design protection
Like many counties in the world, India has a strong law for protecting aesthetic creations by way of design registration. The design law protects aesthetic creations and not the functionality.
Drawing a parallel between aesthetics and functionality for design protectionLike many counties in the world, India has a strong...
Patent & Standards – Practice, Policy & Enforcement – An AIPLA Publication
Patents and Standards: Practice, Policy, and Enforcement by Michael L. Drapkin (Editor)
Read More