Facts Kay Cee Exports had registered a scarf design under class 2-5 bearing number 252082, with the indian patent office. The novelty is claimed to be residing in the surface pattern of the scarf. The controller after verification and satisfaction issued a certificate of registration of an aforesaid design. A petition for cancellation of registered design [...]
About OptiMaser, a mobile microwave medical waste disinfection system manufactured by S.S. Medical System Pvt. Ltd. has requested the intervention of Union Government expressing its concern over the process being followed to establish government eMarketplace (GeM) an online " Government E-Marketplace for government procurement of common use goods and service required by various Government Departments/Organisations/PSU's by writing letters [...]
We have in the past covered government’s removal of restrictions on royalty payments by Indian companies to foreign collaborators in cases of technology transfers, usage of trademarks, brand names etc. and how this decision came to be misused by the foreign parent companies. As a first step towards undoing the abuse of this policy, an inter-ministerial group to [...]
Traditional Knowledge Digital Library (TKDL) is a pioneer initiative of India to prevent misappropriation of country’s traditional medicinal knowledge at International Patent Offices on which healthcare needs of more than 70% population and livelihood of millions of people in India is dependent. Its genesis dates back to the Indian effort on revocation of patent [...]
Indian trademark law, like U.S. trademark law but unlike most European trademark laws (and Community trademark law), is based on a “first to use” system. Although the principle was codified for the first time in the Trade Marks Act 1999, a number of earlier judicial decisions gave the term “first to use” a wide [...]
In India, Section 3(k) bars patentability of “computer program per se”. “Writing code is necessarily a mere clerical function to a skilled programmer” This is the approach of the Indian Government towards software coding. Interpretation of phrase “per se” has been a heated debate. Before, cancellation of Patent Ordinance Act, 2004 ‘per se’ was [...]
