Region: India

IP holders welcome proposed Indian patent rules amendments

Potential updates aim to expedite the grant of patents and introduce a controller to assess pre-grant oppositions

22 September 2023

Vivo must pay Nokia hefty security deposit, Indian court suggests

Move follows Delhi High Court’s recent security deposit order in similar dispute against Oppo

12 September 2023

Delhi High Court clarifies scope of product-by-process claims in landmark pharma ruling

In a first-of-its-kind judgment, the Delhi High Court has refused to grant an interim injunction against the defendants, stating that their process did not infringe the plaintiff’s patent that had constituted a ‘product-by-process’ claim. The patent community is hoping for a more detailed order after the trial, as this will provide much-needed clarity on the scope of product-by-process claims.

06 September 2023

Surging litigation numbers and public distrust plague life sciences landscape

From trade secrets to overregulation, there are many core threats to the global life sciences arena. But expert advice outlines strategic ways to neutralise them

05 September 2023

Unitary Patents increasingly popular with Asian innovators

But European firms still dominate as the number of UPs requested passes the 8,000-mark

04 September 2023

India: the pharmacy of the world and its patent landscape

Featured in The Guide to Life Sciences: Key issues for senior life sciences executives 2023

Launching products in the Indian market requires comprehensive strategies to navigate the complex legal and regulatory landscape. One cannot extend the term of patent protection using supplementary protection certificates or patent term adjustments, so it is crucial to take proactive measures to secure a longer enforceable protection period.

25 August 2023

Much-Needed Clarity on Software Patentability Boosts Protection and Enforcement in India

Featured in Asia-Pacific Patent Litigation Review 2024

With India emerging as the fifth largest economy in the world, courts have sought to address the need for change in the way that software patents are examined. Given the speed at which the global digital landscape is evolving, it is imperative that India can keep up.

25 August 2023

India: Key SEP and Antitrust Challenges Demonstrate Judicial Desire to Strengthen Patent Regime

Featured in Asia-Pacific Patent Litigation Review 2024

In 2022 the spotlight for global patent jurisprudence was fixed firmly on India. Legislative overhauls, landmark decisions in the SEP and life sciences spaces and the first decision on antitrust and patent law all signal a clear aim to refine patent jurisprudence and modernise India’s IP regime.

25 August 2023

Film dispute highlights that India must reconsider its approach to posthumous personality rights rules

There is a distinct lack of global harmonisation when it comes to the regulation of posthumous personality rights, which are primarily governed by case law across different jurisdictions. Against this backdrop, it is crucial that India considers introducing clear legislation to protect not only personality but also privacy rights as the value and exploitation of celebrity continues to grow.

23 August 2023

PepsiCo’s potato variety loses protection following Delhi High Court ruling

With incorrect information newly exposed, PepsiCo warns against a casual approach towards procedural compliance as this can lead to revocation of registration. The plant variety protection case emphasises how crucial it is to pay close attention to all requirements when applying for IP rights.

16 August 2023

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