A sigh of relief to the UPC agreement… or is it?
A Unified Patent Court (UPC) in Europe has been a dream for many. The ratification of the Unified Patent Court Agreement (UPCA) appeared to be […]
Patent
Software related inventions are not always “computer programs per se”: Lessons from the Allani case by the Indian Intellectual Property Appellate Board
This is our guest post first published in the bulletin of Germany’s leading IP firm, Boehmert & Boehmert. Please click here to read the post. […]
Why importation of my patented product was not stopped by the Customs in India?
Flaunter: After successfully fighting the trademark and copyright issues with the help of the IP Press, I wish to seek their guidance on another issue […]
Why the German Patent Law on Preliminary Injunctions vis-à-vis Standard Essential Patents warrants a revisit.
Germany is perceived by IP practitioners as a jurisdiction sought after for adjudicating pathbreaking patent lawsuits. This, in particular, is true for those involving Standard […]
Patents (Amendment) Rules, 2020
The Draft Patents (Amendment) Rules, 2019 notified on 31st May 2019 has now come into force with effect from 19th October 2020. The Rules known […]
Whether to patent the vaccine or to protect it as a trade secret?
Mr. Noisy has a start up named M/s Susan Private Ltd. based out of Bangalore and the strart up is involved in medical innovation in […]
SISVEL International S.A.. v. Haier Deutschland GmbH, BGH, 05 May 2020 – KZR 36/17
Sisvel v Haier, is the first post-Huawei/ZTE ruling in Germany which tackles the issue of Standard Essential Patent (“SEP”) and fair, reasonable, and non-discriminatory (“FRAND”) […]
Prior user right in patent law
No! Don’t confuse the title of this post “rights of a prior user” with the “prior user” of the Indian trademark law. Here we are […]
Global ‘FRAND’liness (license) over a standardized technology: is it a reality?
The German court (Mannheim) recently allowed an injunction in favor of Nokia to prevent Daimler from the unauthorized use of their SEP in Germany. The […]
Patenting in space: what we already know and moving forward from there
Carl Cristo’s, “Science soars like an eagle however law drags on like a turtle” somehow describes the current state of space invention patenting. It’s a […]
Role of intellectual property in tackling the climate change issues
“The time is not past when humankind thought it could selfishly draw on exhaustible resources. We know how the world is not a commodity”. Francois […]
Nokia V Daimler: Another SEP litigation to discuss!!!
After writing an introductory post on SEP licensing and discussing the steps of SEP licensing negotiation in view of the German case Haier v. Sisvel, […]
Why a utility model law is needed in India now more than ever!
Utility models are referred to by many names such as petty patents, minor patents, short-term inventions and innovation patents among others. Utility models are not […]
Inventions by AI machines fighting for recognition: The return of DABUS
Last year, the EPO made a loud noise by rejecting a patent application over an invention produced by an AI machine named DABUS. The legal […]
Emojis as intellectual property right: registering speech formats
“The English Language cannot fully capture the depth and complexity of my thoughts so I’m incorporating emoji into my speech to better express myself, Winky-face” […]
Patent Versus Trade Secret Conundrum
IntroductionInventors often face difficulty while choosing a protection regime for their inventions which simultaneously ensures a competitive edge. The two equally confusing options fulfilling this […]
Basics of SEP in light of the recent German court’s decision
I have earlier researched, discussed and talked about Standard Essential Patents (SEP), however, I have never penned down my thoughts on this topic until now! […]
Using IPR as collateral: Business Continuity in Post-Covid Landscape
I. Introduction:The COVID-19 pandemic has thrown open dilemmatic questions to various business houses quizzing them about their survival, expansion plans and business continuity. The pandemic […]
Can the “Method of preparation” introduced by the US Courts become an exception to Section 3(i) of Indian Patent Law?
The TRIPS agreement being an International Agreement, sets out for its signatory nations the minimum standards of protection to be provided in respect of the […]
Failure to obtain foreign filing permit in India – illegality or irregularity?
A very interesting question was recently put across to a wide audience group. The questioner sought inputs on whether an applicant based out of India […]