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December 14, 2018, 4:33 pm

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 filed during the early devel... Read More

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November 30, 2018, 6:14 pm

INTRODUCTION

An Open Source Software is a type of software with a source code which can be modified, enhanced and inspected by ANYONE.  Source code is that part of a particular software program which empowers a person to alter how the software works or improve it by adding features or fixing parts that do not work properly. Differing... Read More

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November 21, 2018, 4:19 pm

Patent Pool have been an ongoing subject discussion from both legal and economic point 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. Patent pool mostly come into play when an inventor gets stuck in complex technology that requires a compl... Read More

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November 20, 2018, 10:09 am

INTRODUCTION

The 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, refusal to provide goods, exacting excessive prices... Read More

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October 29, 2018, 11:25 am

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 lot of developments made to the Chinese IP judicial system including the establishment of specialized IP courts in late 2014 in Beijing, Shangh... Read More

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October 17, 2018, 10:21 am

In today’s context, bilateral FTA’s become a tool for corporates looking to expand their Intellectual Property Right (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 programmes, methods of doing business on internet, designs, m... Read More

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September 11, 2018, 10:28 am

After the Toblerone chocolate war with Poundland, there is another matter of copying of design of a chocolate. Hotel Chocolat produced its flagship chocolates ‘Slab’ which were alleged to be copied by Waitrose another chocolate selling company. A series of tweets suggest that the selling of similar looki... Read More

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September 7, 2018, 9:42 am

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’ Intellectual Property Rights by manufacturing and distributing rip-offs of Skechers’ Go-walk 3... Read More

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August 30, 2018, 9:40 am

This case is a copyright infringement suit pertaining on a 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 have a copyright in a rough diamond planning software called "Advisor" which th... Read More

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August 16, 2018, 9:34 am

The Patent Statute of the US defines patentable subject matter as ‘any new and useful process, machine, manufacture, or composition of matter’ and any improvements.[1] But patent cannot be granted for laws of nature, natural phenomena or abstract ideas. On June 2014, the US Supreme Court’s ruling in the Alice Cor... Read More

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