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India

Philips DVD case is a missed opportunity for India

The Delhi High Court has handed down India’s first post-trial SEP decision in an eagerly awaited case involving DVD player patents. However, a closer look at the details suggests the judgment has limited value as a precedent for similar disputes

Philips DVD case is a missed opportunity for India
16 Aug 2018

As one Samsung factory opens and another may close, shifting supply chain means different IP risks

The South Korean company is making more phones in India and fewer in China, a cost-saving move that could have IP side-effects.

6 Aug 2018

Indian ministry said to propose re-introduction of outbound royalty caps

Proposed limits on royalty payments would be even stricter than those scrapped in 2009 liberalisation of FDI policies. Impact would be felt by global brand and technology giants with listed subsidiaries in India.

Latest

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19 Sep 2018

Are liquid biopsies the new benchmark for cancer diagnostics?

Liquid biopsies are a relatively new technology in cancer diagnostics, which have shown great potential in their ability to detect cancer early. However, the process has a long way to go before doctors can rely on it. Read more

4 Sep 2018

Humans versus robots: robot-assisted heart surgery

Science appears to be on the verge of the second generation of robotic surgery, with technological advances which may be able to dramatically increase the number of minimally invasive surgeries. Read more

20 Jul 2018

China and South Korea will displace the West as the world’s innovation leaders by 2029

New report claims status of US, EU and UK as leading innovators under threat as they struggle to maximise return on R&D investment.  Read more

17 Jul 2018

After almost a decade of litigation, Philips wins India’s first-ever SEP infringement decision

Dutch company comes out on top in the first Indian SEP trial to go the distance. But the ruling does not offer much guidance on what's FRAND, practitioners explain. Read more

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Designs

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16 Apr 2018

Protection of GUIs under the Designs Act

Everything you need to know about protecting graphical user interface designs in India. Read more

Finance

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5 Jun 2018

Coolpad hints at India suit against Xiaomi, but it may not have much ammunition there

Shenzhen-based Coolpad is seeking to keep up the pressure on Xiaomi as the start-up heads toward its initial public offering in Hong Kong. This time, chief IP officer Nancy Zhang has stated that Coolpad is open to expanding the pair's litigation… Read more

10 Apr 2017

Qualcomm top of the Indian patent filings pops as foreign firms reverse two years of application declines

India’s Controller General of Patents, Designs and Trademarks (CGPDT) released its annual report for the 2015-2016 fiscal year last week, and the results showed a 10% jump in applications, reversing two straight years of slight decline. The list of… Read more

18 Jan 2016

India does need more patents, but must beware unintended consequences when incentivising applicants

Indian prime minister Narendra Modi launched his government’s latest initiative aimed at enhancing the country’s booming start-up ecosystem at the weekend, with IP ownership one of the main focal points. Among other measures announced in the Start… Read more

18 Dec 2015

Big buck Chinese investors, changing attitudes and antitrust actions – the Asia-Pacific’s IP market in 2015

It has been a busy 2015 for IP owners operating in Asia, with the region continuing to challenge Europe as the world’s second major IP marketplace (and, with things the way they are in the United States at the moment, first place may even be up for… Read more

FRAND/SEPS

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5 Jul 2018

In on-going efforts to secure freedom to operate, Oppo makes its biggest-ever acquisition

Oppo has made its largest patent acquisition so far, taking in over 20 patent families - totaling around 240 individual assets covering audio and visual technologies - from Dolby. The transfer of the US rights involved was recorded at the USPTO on… Read more

25 Jun 2018

No settlement for Xiaomi and Ericsson in India, but the Chinese firm can sell MediaTek-powered devices there

Some recent statements by MediaTek CFO David Ku stirred rumours that Xiaomi and Ericsson had settled their patent dispute in India, but the Swedish telecom has confirmed to IAM that there is no truth to this. It means Xiaomi will head into its Hong… Read more

15 Jun 2018

With FRAND high on India’s agenda, Anand links with competition firm in market-first JV

As first reported on Indian legal site Bar & Bench, leading IP firm Anand & Anand has launched a special purpose vehicle (SPV) with a competition law boutique Gaggar & Associates to address hybrid cases. I recently had a chance to catch up with the… Read more

5 Jun 2018

Coolpad hints at India suit against Xiaomi, but it may not have much ammunition there

Shenzhen-based Coolpad is seeking to keep up the pressure on Xiaomi as the start-up heads toward its initial public offering in Hong Kong. This time, chief IP officer Nancy Zhang has stated that Coolpad is open to expanding the pair's litigation… Read more

Law & Policy

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7 May 2018

India’s Supreme Court will hear Monsanto’s challenge to a recent ruling imperiling agri-tech patentability

India’s top court has agreed to review a shock decision which saw a key Monsanto patent struck down. The Supreme Court’s decision could have a major impact on innovators in the agricultural sector as it weighs whether or not certain plant… Read more

20 Apr 2018

Why prosecuting Indian pharma patents could be even more difficult than it appears

A study released this month sheds new light on the Indian Patent Office’s (IPO’s) application of Section 3(d) of the country’s Patents Act – a controversial section intended to circumscribe the issue of ‘secondary’ rights for pharmaceuticals… Read more

16 Apr 2018

The interplay between patents and anti-competitive practices

Antitrust laws aim to foster competition in the market by preventing abuse of dominant positions – which patent rights naturally create. But the two fields of law are not necessarily antithetical, as both aim to balance interests and protect public interests. Read more

16 Apr 2018

India’s CRI patent examination guidelines: three revisions, three visions

Despite – or perhaps because of – the three attempts by the Indian Patent Office to establish guidelines on computer-related inventions (CRIs), a great deal of confusion remains. This chapter looks into the evolution of the guidelines and what it means for IT businesses. Read more

Litigation

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5 Jul 2018

In on-going efforts to secure freedom to operate, Oppo makes its biggest-ever acquisition

Oppo has made its largest patent acquisition so far, taking in over 20 patent families - totaling around 240 individual assets covering audio and visual technologies - from Dolby. The transfer of the US rights involved was recorded at the USPTO on… Read more

25 Jun 2018

No settlement for Xiaomi and Ericsson in India, but the Chinese firm can sell MediaTek-powered devices there

Some recent statements by MediaTek CFO David Ku stirred rumours that Xiaomi and Ericsson had settled their patent dispute in India, but the Swedish telecom has confirmed to IAM that there is no truth to this. It means Xiaomi will head into its Hong… Read more

15 Jun 2018

With FRAND high on India’s agenda, Anand links with competition firm in market-first JV

As first reported on Indian legal site Bar & Bench, leading IP firm Anand & Anand has launched a special purpose vehicle (SPV) with a competition law boutique Gaggar & Associates to address hybrid cases. I recently had a chance to catch up with the… Read more

5 Jun 2018

Coolpad hints at India suit against Xiaomi, but it may not have much ammunition there

Shenzhen-based Coolpad is seeking to keep up the pressure on Xiaomi as the start-up heads toward its initial public offering in Hong Kong. This time, chief IP officer Nancy Zhang has stated that Coolpad is open to expanding the pair's litigation… Read more

Market Developments

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15 Jun 2018

With FRAND high on India’s agenda, Anand links with competition firm in market-first JV

As first reported on Indian legal site Bar & Bench, leading IP firm Anand & Anand has launched a special purpose vehicle (SPV) with a competition law boutique Gaggar & Associates to address hybrid cases. I recently had a chance to catch up with the… Read more

19 Mar 2018

India seeks to re-vamp patent working form, but rights owners are sceptical of the whole endeavour

Litigation developments in Delhi over the last few months have put a spotlight on a somewhat unique feature of India’s patent system: Form 27, which requires patentees to disclose how they commercially exploit their granted rights. Now, it appears… Read more

4 Jan 2018

New year brings key judicial appointment and patent backlog progress in India

Shortly before our holiday break, IAM updated readers on the situation at the Indian Intellectual Property Appellate Board (IPAB). The body, which hears appeals of Indian Patent Office decisions and orders, had been without a leader for almost 18… Read more

10 Apr 2017

Qualcomm top of the Indian patent filings pops as foreign firms reverse two years of application declines

India’s Controller General of Patents, Designs and Trademarks (CGPDT) released its annual report for the 2015-2016 fiscal year last week, and the results showed a 10% jump in applications, reversing two straight years of slight decline. The list of… Read more

Non practising entities

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5 Jul 2018

In on-going efforts to secure freedom to operate, Oppo makes its biggest-ever acquisition

Oppo has made its largest patent acquisition so far, taking in over 20 patent families - totaling around 240 individual assets covering audio and visual technologies - from Dolby. The transfer of the US rights involved was recorded at the USPTO on… Read more

18 Dec 2015

Big buck Chinese investors, changing attitudes and antitrust actions – the Asia-Pacific’s IP market in 2015

It has been a busy 2015 for IP owners operating in Asia, with the region continuing to challenge Europe as the world’s second major IP marketplace (and, with things the way they are in the United States at the moment, first place may even be up for… Read more

8 Dec 2015

Vringo's $21.5 million global settlement with ZTE reflects the IP market's new realities

US PIPCO Vringo announced late yesterday that its Vringo Infrastructure subsidiary had reached a litigation settlement and licence agreement with Chinese telecoms major ZTE, bringing to an end a sprawling, multi-jurisdictional and at times… Read more

Patent pools

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25 Jun 2018

No settlement for Xiaomi and Ericsson in India, but the Chinese firm can sell MediaTek-powered devices there

Some recent statements by MediaTek CFO David Ku stirred rumours that Xiaomi and Ericsson had settled their patent dispute in India, but the Swedish telecom has confirmed to IAM that there is no truth to this. It means Xiaomi will head into its Hong… Read more

9 Mar 2017

Via changes LTE royalty structure in latest bid to crack smartphone market

Via Licensing has announced a significant change to the royalty rates for its pool relating to long-term evolution (LTE), fourth generation wireless technology. The move is an attempt to attract small and medium-sized players in the smartphone and… Read more

Strategy

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5 Jul 2018

In on-going efforts to secure freedom to operate, Oppo makes its biggest-ever acquisition

Oppo has made its largest patent acquisition so far, taking in over 20 patent families - totaling around 240 individual assets covering audio and visual technologies - from Dolby. The transfer of the US rights involved was recorded at the USPTO on… Read more

5 Jun 2018

Coolpad hints at India suit against Xiaomi, but it may not have much ammunition there

Shenzhen-based Coolpad is seeking to keep up the pressure on Xiaomi as the start-up heads toward its initial public offering in Hong Kong. This time, chief IP officer Nancy Zhang has stated that Coolpad is open to expanding the pair's litigation… Read more

7 May 2018

India’s Supreme Court will hear Monsanto’s challenge to a recent ruling imperiling agri-tech patentability

India’s top court has agreed to review a shock decision which saw a key Monsanto patent struck down. The Supreme Court’s decision could have a major impact on innovators in the agricultural sector as it weighs whether or not certain plant… Read more

20 Apr 2018

Why prosecuting Indian pharma patents could be even more difficult than it appears

A study released this month sheds new light on the Indian Patent Office’s (IPO’s) application of Section 3(d) of the country’s Patents Act – a controversial section intended to circumscribe the issue of ‘secondary’ rights for pharmaceuticals… Read more

Technology licensing

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25 Jun 2018

No settlement for Xiaomi and Ericsson in India, but the Chinese firm can sell MediaTek-powered devices there

Some recent statements by MediaTek CFO David Ku stirred rumours that Xiaomi and Ericsson had settled their patent dispute in India, but the Swedish telecom has confirmed to IAM that there is no truth to this. It means Xiaomi will head into its Hong… Read more

15 Jun 2018

With FRAND high on India’s agenda, Anand links with competition firm in market-first JV

As first reported on Indian legal site Bar & Bench, leading IP firm Anand & Anand has launched a special purpose vehicle (SPV) with a competition law boutique Gaggar & Associates to address hybrid cases. I recently had a chance to catch up with the… Read more

7 May 2018

India’s Supreme Court will hear Monsanto’s challenge to a recent ruling imperiling agri-tech patentability

India’s top court has agreed to review a shock decision which saw a key Monsanto patent struck down. The Supreme Court’s decision could have a major impact on innovators in the agricultural sector as it weighs whether or not certain plant… Read more

12 Apr 2018

Canon and Samsung weigh-in for Nokia and Ericsson in key Indian licensing transparency debate

Asian patent owners including Canon, Huawei and Samsung have joined a group of big European companies in asking the Indian Patent Office to stop collecting certain licensing information. The opinions come amidst a public-interest litigation in which… Read more

Trademarks

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1 Feb 2018

Building an IP risk management framework for innovation leaders

Identifying and mitigating IP risk needs to be part of any corporate strategy. To this end, Tata Consultancy Services has developed a robust framework that can be applied across industries Read more

22 May 2017

Indian government may target IP royalty outflows to retaliate for Trump visa limits

A government task force is studying royalty outflows from Indian companies to foreign partners and parent companies, in an initiative some say could lead to the re-imposition of caps on such payments for technology and intellectual property. The… Read more

10 May 2017

Combating counterfeiting

Parallel to the growth in innovation across many industries, counterfeiting has also increased and now affects all spheres of work, from literary to musical, and all types of goods, from agricultural to industrial. To combat this surge in counterfeiting, various remedies are available to rights holders under Indian law. Read more

4 May 2017

Indian smartphone upstart says its patent prowess will put it way ahead of domestic rivals

A Hyderabad-based company called Smartron launched its second smartphone yesterday, in a bid to compete with the Chinese manufacturers that have nearly pushed domestic handsets off the map. In a marked contrast to other Indian mobile startups,… Read more

Trade secrets

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16 Apr 2018

Start-ups, data privacy and trade secrets

For many start-ups, the data they possess is their biggest source of value. These fledgling companies must have a defined strategy for protecting data as both a business asset and an IP right. Read more

16 Apr 2018

Protecting trade secrets in India

One of the biggest challenges that businesses face is the protection of their confidential business information. Not all types of information qualify for protection under the patent and copyright laws, but India offers avenues for trade secret protection. Read more

12 Apr 2018

Canon and Samsung weigh-in for Nokia and Ericsson in key Indian licensing transparency debate

Asian patent owners including Canon, Huawei and Samsung have joined a group of big European companies in asking the Indian Patent Office to stop collecting certain licensing information. The opinions come amidst a public-interest litigation in which… Read more

18 Apr 2016

The $940 million trade secrets verdict against Tata couldn’t have come at a much worse time for India

Over the past few years, India has often found itself at the centre of the IP world’s thoughts. Typically, the attention paid has not been particularly positive. There is the country’s hard line on the patentability of software and pharmaceutical… Read more

Valuation

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5 Jun 2018

Coolpad hints at India suit against Xiaomi, but it may not have much ammunition there

Shenzhen-based Coolpad is seeking to keep up the pressure on Xiaomi as the start-up heads toward its initial public offering in Hong Kong. This time, chief IP officer Nancy Zhang has stated that Coolpad is open to expanding the pair's litigation… Read more

19 Mar 2018

India seeks to re-vamp patent working form, but rights owners are sceptical of the whole endeavour

Litigation developments in Delhi over the last few months have put a spotlight on a somewhat unique feature of India’s patent system: Form 27, which requires patentees to disclose how they commercially exploit their granted rights. Now, it appears… Read more

13 Mar 2018

How IP leaders like Tata, Reliance and Intel do more with less to create maximum IP value

Even among the largest global patent owning companies, most IP executives will have plenty of experience operating in an IP function with less budget than they would like in an ideal world. This is as true in India as it is anywhere else. A news… Read more

26 Feb 2016

It’s difficult to see how anyone gets paid their dues with India’s $3.65 smartphone

The Freedom 251 smartphone – launched last week in India by company Ringing Bells – is so named because it sells for a snip at just 251 rupees, which is around US$3.65 at current exchange rates. Access to the Internet, and to telecommunications… Read more

Trending

1

Philips DVD case is a missed opportunity for India

2

As one Samsung factory opens and another may close, shifting supply chain means different IP risks

3

After almost a decade of litigation, Philips wins India’s first-ever SEP infringement decision

4

China and South Korea will displace the West as the world’s innovation leaders by 2029

5

Are liquid biopsies the new benchmark for cancer diagnostics?

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Peter Klusmann
Partner
Munich, Germany
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