03 January

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PATENT VERSUS RESEARCH PAPER PUBLICATION

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Saranya K – Associate, IP Practice INTRODUCTION In the world of intellectual property and scientific discovery, two commonly used methods to protect and disseminate novel ideas are patents and research paper publications. Both play crucial roles in the advancement of knowledge and innovation, but they differ significantly in purpose, process, and audience. Understanding these differences is essential for researchers, inventors, and organizations seeking appropriate methods to share and protect their ideas. PURPOSE: Patents The fundamental purpose of a patent is to protect an invention's exclusive rights for a specified period (usually 20 years). Patents provide legal ownership of an idea or product, preventing others from...

01 November

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IPR NEWS – WEEKLY UPDATES FROM 9th OCT – 15th OCT

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ALLERGAN INC AND ANR. v. CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADE MARKS AND ANR. The Controller General of Patents, Designs, and Trademarks has received criticism from the Delhi High Court on October 12 for failing to notify the International Bureau of the World Intellectual Property Organization of the filing of two entities' opposition to the registration of international trademarks within the time frame required by the Trademarks Act. The order passed by the Controller General was contested by the two petitioners, who had filed oppositions in response to publication of the international registration of the trademarks. The petitioners made the...

06 September

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IPR NEWS – WEEKLY UPDATES FROM 21ST AUG – 26TH AUG

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ALLAHABAD LAW AGENCY V. AMAZON RETAIL INDIA PVT. LTD. & ORS The plaintiff is a book publishing company and had filed a lawsuit seeking permanent injunction against third party sellers in the e-commerce website of the defendant. The plaintiff alleged that pirated versions of the book, “the Law of Torts by Dr. R.K. Bangia”, was being sold in the e-commerce website by many sellers thereby committing copyright infringement. The plaintiff had claimed that the copyright of the book was bought by them from the author by an assignment deed executed in August, 1968 and after the death of the author, the...

24 August

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IPR NEWS – WEEKLY UPDATES FROM 1ST AUG-6TH AUG

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Special drive for disposal of IP Disputes Marking the 75th anniversary of India's independence the Government of India has launched the 'Azadi Ka Amrit Mahotsav'. As a part of the same, the Office of the Controller General of Patents, Designs & Trade Marks has taken an initiative to run a special drive for disposal of IP disputes wherein parties are encouraged to dispose pending opposition and rectification cases and parties who have already settled their cases amicably are called upon to report to the same to the Registry of Trademarks. The public notice also states that parties are encouraged to settle...

08 February

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IP NEWS WEEKLY UPDATE – 7 FEB 2022

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Bragg Live Food Products sues National Fruit Product Company for Copyright and Trademark Infringement Bragg Live Food Products, a company specialized in providing organic food products, has accused the NFPC of copying its trade dress and infringement of trademarks and copyrights. Bragg states that it has been using the yellow and red colour scheme on the packaging of its products for several years and that NFPC began selling Apple Cider vinegar under the brand name White House back in 2016 using a green label and after 2019, started using the same colour combination and artistic elements as that of their company....

06 December

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IP NEWS WEEKLY UPDATE – 6 DEC 2021

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Lord of the Rings’ Crypto Blocked under JRR Tolkien’s Trademark Violation: The ‘LORD OF THE RINGS’ Crypto Currency was created and promoted back in August 2021. According to the developer of the Crypto, the ‘JRR TOKEN’ is a tribute to the late author JRR Tolkien. The family members of the author state that the digital token was set up for the developer’s personal commercial gain and have claimed that there is a trademark violation as the crypto uses the domain name ‘Jrrtoken.com’. The family had approached WIPO in relation to trademark infringement and WIPO ruled that the domain name was confusingly...

25 November

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IP NEWS WEEKLY UPDATE – 25 NOV 2021

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in IPR News

YouTube expands guidelines on Copyright infringement detection The number of takedowns of content due to Copyright strike has been increasing and it was also announced that YouTube is testing out new features which aim to provide more capacity to manage channel engagement, and more options to help creators’ secure branded content deals, and monetize their efforts. The platform has now expanded access to a new content takedown process enabling creators to automatically take down duplicate uploads of any content that they’ve previously removed. The Copyright match tool has also been introduced which when creators or users submit a takedown request, scans...

27 July

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Merck Sharp and Dohme Corp. and Ors. Vs. SMS Pharmaceuticals Limited

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SMS Pharmaceuticals Limited (hereinafter “SMS Pharma”) had filed an application to modify an ex-parte ad interim order passed by the Hon’ble Delhi High Court in favour of Merck Sharp and Dohme Corp. (hereinafter “Merck”) in a suit for infringement of Merck’s Indian patent no. 209816....

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