IntroductionOn January 22, 2019, in the recent ruling of Helsinn Healthcare S.A. v. TevaPharmaceuticals USA, Inc., No. 17-1229, the US Supreme court held that inventors lose patent protection for inventions that they had sold or offe...Read More

The Drug Prices Control Order (DPCO), 2013, which as estimated by the National Pharmaceutical Pricing Authority (NPPA), has helped patients save over Rs. 15,000cr since its enactment has been amended by the Drugs (Prices Control) Amendment Order, 2019, by the Ministry of Chemicals and Fertilisers in favor of drugmakers, manufacturing new drugs, and drugs treating orphan/rare diseases.%...Read More

On 13th December, the Canadian government gave assent to the BUDGET IMPLEMENTATION ACT, 2018 to address various productive changes in Canadian Intellectual property laws.  Modifications in IP laws were made to uplift the economy of Canada through innovative ideas and higher...Read More

IntroductionOpen Source Software (OSS) is a kind of software with source code that can be modified, enhanced, and inspected by ANYONE. In the case of an OSS, a person may alter how the software works or improve it by adding features or fixing parts that do not work properly, by modifyin...Read More

Recently, the social media giant Facebook filed a few controversial patents. They are called controversial because rather than being user-friendly the new patents filed could only be an aid to the revenues of the company itself. The latest patent is the one that can predict your destination before you reach it yourself. This patent has been deemed ‘ill-timed’ by some since the...Read More

For eons, humans have tried to create convenience. Be it the kindling of a fire or the development of the technology of a smartphone that detects your location and is linked to your bank account, humans have constantly tried to create a technology, that stands on par with the functioning of the normal human brain. However, in the bid to de...Read More

Non-patent exclusivity or Regulatory exclusivity is the core profit driver of the pharma industry. The rationale behind introducing regulatory exclusivity for drug products was that the amount of time taken to gain approval to market the drug product often leaves little viable protection period for the drug product under patents. Patents are often filled during the early developmental st...Read More

INTRODUCTIONAn Open Source Software is a type of software with a source code that can be modified, enhanced, and inspected by ANYONE.  Source code is that part of a particular software program that empowers a person to alter how the software works or improve it by adding features or fixing parts that d...Read More

Patent Pool has been an ongoing subject discussion from both legal and economic points of view. Pool in simple terms means Accumulation. A Patent Pool is defined as an agreement between two or more patent owners to license their patents to one another or to third parties. The patent pool mostly comes into play when an inventor gets stuck in complex technology that requires a complementary patent in ...Read More

INTRODUCTIONThe basic objective of any competition policy is to ensure that there is legal entry/ exit of firms and smooth functioning of companies without the exercise of any malpractices. Some prominent anti-competitive practices are collusive bidding, abuse of dominant position, refusa...Read More

In 2008, China laid down some basic guidelines for IP protection and a procedure for establishing centralized jurisdiction over some hi-tech cases, particularly patent litigation. Since, the issuance of the IP strategy, there has been a lot of developments made to the Chinese IP judicial system including the establishment of specialized IP courts in late 2014 in Beijing, Shanghai, ...Read More

In today’s context, bilateral FTA’s become a tool for corporates looking to expand their Intellectual Property Rights (IPR) standards. IPR gave the owner an exclusive right to prevent anyone from making or using their “creation” and confers monopoly rights over intangible goods and services, trademarks, computer programs, methods of doing business on the internet, designs%...Read More

After the Toblerone chocolate war with Poundland, there is another matter of copying the design of chocolate. Hotel Chocolat produced its flagship chocolates ‘Slab’ which were alleged to be copied by Waitrose another chocolate selling company. A series of tweets suggesting that the selling of similar-looking chocolates created confusion in the minds of the consumers and made the consumers think that Hotel Chocolat is producing choco...Read More

The Delhi High Court recently imposed a cost of Rs. 87 lakh on Pure Play in the case of Skechers USA Inc & Ors v. Pure Play[1] sports for infringing Skechers’ Intellec...Read More

This case is a copyright infringement suit pertaining to software, filed by the Plaintiff before the Surat District Court. However, the was subsequently transferred to the Commercial Court at Vadodara following a revaluation.In the instant case, the plaintiff claims to hav...Read More