Natco Plea: Delhi HC set aside Novartis patent
The Hon’ble Delhi High Court upheld Natco Pharma writ petition staying the patent granted to Novartis in December last year for its top selling heart failure therapy Vymada, sold internationally as Entresto. This decision by the hon’ble court assumes significance because it would likely open the door for Indian pharma players to launch their generic versions of the heart failure drug Vymada (sold globally as Entresto).
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Piyush Goyal calls for redoubling efforts at WTO to get patent waiver for Covid diagnostics, therapeutics
Piyush Goyal, Commerce and Industry Minister, advocated on Friday for increased efforts at the World Trade Organization (WTO) to obtain patent exemptions for diagnostics and therapies required to combat the Covid-19 pandemic. Members of the World Trade Organization decided in June of last year to award a five-year temporary patent waiver for the manufacture of COVID-19 vaccines. After six months, it was decided to begin discussions on bringing pharmaceuticals and diagnostics under the purview of this waiver, as proposed by India and South Africa.
The Delhi High Court denies KRBL an interim injunction in a trademark infringement suit, ruling that Vikram Mills can use the ‘India Gate’ brand for Dalia.
The Hon’ble Delhi High Court has refused to grant an interim injunction in favour of KRBL Limited, a market leader in the business of processing, marketing an exporting rice, in a case accusing Vikram Roller Flour Mills of infringing its right over the ‘India Gate’ mark by its use in respect of ‘dalia’. Hon’ble court has placed sufficient material on record showing use of the ‘INDIA GATE’ device mark by it from 1990, which is prior to the registration granted to KRBL.
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Patent application cannot be dissected for registration into isolated elements, the test of inventiveness is applied to the entire invention: Calcutta HC
Under Section 117A(2) of the Patents Act, the Hon’ble Calcutta High Court recently declared that the test of inventiveness of an invention sought to be registered under the Act must be applied by evaluating the invention as a whole. The hon’ble court also stated that when considering the obviousness of such invention, the court should apply such criterion rigidly and objectively, rather than dissecting such application for registration into individual pieces.
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Public Notices for Patent Hearings
IP India notification to speed up the disposal and streamline the issues relating to hearings and adjournments of long pending matters w.r.t patent applications with or without pre-grant oppositions as well as post-grant opposition matters against the grant of patents.
IP Identifier tool launched by USPTO-
USPTO introduces new tool to help creators identify their intellectual property. This user-friendly, virtual resource— designed for those who are less familiar with IP—enables users to identify whether they have IP and the IP protections they need to support and advance their business, invention, or brand. The IP Identifier serves as an important foundation for an innovator, entrepreneur or creator’s IP journey.
USPTO seeks public comments on draft 2022-2026 Strategic Plan
The United States Patent and Trademark Office (USPTO) is requesting public feedback on the proposed Strategic Plan 2022-2026. The aim is to encourage innovation, entrepreneurship, and creativity for the benefit of all Americans and people worldwide. The USPTO 2022-2026 Strategic Plan, guided by this mission and vision, establishes five goals: drive inclusive U.S. innovation and global competitiveness; promote the efficient delivery of reliable intellectual property (IP) rights; protect IP against new and persistent threats; bring innovation to positive impact; and generate impactful employee and customer experiences by maximising agency operations.
Apple has issued a new patent for a ‘self-healing, crack-resistant foldable display
Apple has been granted a patent for a crack-resistant folding display. The patent application was approved by the US Patent and Trademark Office. To prevent cracks in normal use, Apple’s patent for a crack-resistant foldable display employs numerous layers, a flexible substrate, and a protective layer.
The CNIPA Issues Interim Measures For The Handling Of Relevant Matters After Accession To The Hague Agreement
To ensure the smooth implementation of the Hague Agreement Concerning the International Registration of Industrial Designs (1999 Act) (hereinafter referred to as the Hague Agreement) in China, as well as to respond to the urgent examination needs of domestic and foreign innovation entities, as well as to ensure the implementation of the amended Patent Law and to respond to the urgent examination needs The CNIPA Issues Interim Measures For The Handling Of Relevant Matters After Accession To The Hague Agreement And Interim Measures For The Handling Of Relevant Examination Matters After The Implementation Of The Amended Patent Law.
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IceCure has been granted a patent in Japan for a novel cryogenic pump for its next generation cryoablation systems.
IceCure Medical Ltd., the developer of minimally invasive cryoablation technology, the ProSense® System, which eliminates tumours by freezing, announced that the Japan Patent Office (the “JPO”) has granted Ice Cure’s patent application titled “Cryogen Pump” a Notice of Allowance. The patent will be valid until 2041. This invention has received a patent in the European Union and is pending in other key markets, including the United States.
As the struggle with Oppo continues, Nokia reaches a licence agreement with Samsung.
Nokia and Samsung have agreed to a new cross-licensing arrangement for mobile communication patents, avoiding the need for court action. Nokia now has more leeway in its protracted global struggle with Oppo over a new FRAND licence. Under the agreement, which covers Nokia’s 5G inventions as well as other technologies, Samsung will make payments to Nokia. Both companies are keeping the terms confidential.
IP5 PPH Pilot Project Extended
The China National Intellectual Property Administration (CNIPA), the European Patent Office, the Japanese Patent Office, the Korean Intellectual Property Office, and the United States Patent and Trademark Office have agreed to extend their IP5 Patent Prosecution Highway (PPH) pilot project for an additional three years, from January 6, 2023, to January 5, 2026. The pilot project’s relevant standards and procedures controlling applicants’ PPH requests remain unchanged.
China, South Korea, and India driving innovation in medical robotics in APAC: Global Data
Global Data’s latest report, ‘Robotics in Healthcare’, reveals that APAC has the highest patenting activity for robotics in healthcare globally. Indeed, China leads the world with over 2,800 patent applications between January 2016 and December 2022. Nearly 9,000 applications were filed globally during that period, with around 2,600 coming from the US, over 560 from Japan, and South Korea filing more than 370.
Japan, Europe lead in global hydrogen patent race: report
A joint study by the European Patent Office and the International Energy Agency released on Tuesday analysed global data on international patent families — groups of international patents for a particular invention — of hydrogen technologies to spot trends in innovation across countries and sectors. South Korea and China are speeding up innovation in hydrogen technologies alongside major players Europe, Japan and the U.S. as the resource increasingly comes to be seen as a key to achieving clean energy transitions and decarbonization.
Trademark agent exam notified almost after 10 years
The office of the Controller General of Patents, Designs & Trade Marks will be holding the Trade Marks Agent Examination 2023 and Patent Agent Examination 2023.The Trade Marks Agent Examination 2023 is likely to be held on 06th May, 2023 (Saturday) at 9 locations namely, Ahmedabad, Bangalore, Chennai, Delhi, Hyderabad, Kolkata, Lucknow, Mumbai & Nagpur and Patent Agent Examination 2023 is likely to be held on 07th May, 2023 (Sunday) at 9 locations namely, Ahmedabad, Bangalore, Chennai, Delhi, Hyderabad, Kolkata, Lucknow, Mumbai & Nagpur.
‘Schezwan Chutney’ Descriptive of Quality-Delhi High Court
The Hon’ble Delhi High Court refused to give an interim injunction in favour of Capital Foods against Radiant Indus Chem’s use of the mark ‘Schezwan Chutney’ for its products, stating that the mark is a descriptive phrase. According to Justice Navin Chawla, the extensive use of the mark ‘Schezwan Chutney’ or ‘Szechuan Chutney’ by other manufacturers suggests that the industry understands the mark as a product description.
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Subway Can’t Claim Exclusive Use of the Word ‘Sub’; ‘Suberb’ Isn’t Phonetically Similar to ‘Subway,’ says Delhi High Court
The Delhi High Court denied Subway’s request for an injunction, stating that the company cannot claim exclusivity over the term “Subway,” especially when used in the context of restaurants that offer submarine sandwiches. When used in the context of restaurants that serve submarine sandwiches, Justice C Hari Shankar declared that the term “Sub” is “publici juris.
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“IP Mitra” for Start-ups in patents, trademarks, and designs under the extended Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP)
The SIPP plan has been extended for another three years in order to strengthen its effectiveness in light of the knowledge gained from its initial implementation. The structure of reimbursement to IP Mitra for starting facilitation has also been altered in the enhanced SIPP scheme.
The Bombay High Court has refused to issue an omnibus order prohibiting domain name registrar GoDaddy from registering names containing the “Swiggy” trademark.
The Bombay High Court ordered GoDaddy, a Domain Name Registrar, to notify Swiggy whenever a domain name containing its trademark SWIGGY’ is registered. However, the court refused to prevent GoDaddy from registering new domain names that infringed on Swiggy’s trademark.
Delhi HC restrains firm from using Swiss Military symbol in trademark case
The Hon’ble Delhi High Court has barred a private business from using the trademark “Swiss Military” and the Swiss flag emblem (white cross on a red backdrop) on its clothes, stating that deceptive trade descriptions could not be registered. The court’s intellectual property division issued a decision on two appeals contesting the Registrar of Trademarks’ rulings authorising registration of “Swiss Military” and usage of the Swiss insignia.
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Adidas lost “three-stripe” mark case
Adidas lost a trademark infringement lawsuit against Thom Browne, claiming the luxury fashion label exploited the sportswear giant’s famed “three-stripes” logo design without authorization. The jury deliberated for three hours during the one-week trial in Manhattan’s Southern District Court. The eight-person jury voted in favour of Thom Browne after it was sued by Adidas in 2021 for $7.8 million on claims that it imitated Adidas’ signature three-stripe emblem and pattern.
KAnalysis through it’s Partner Mr. ATUL DHYANI has expressed his views on this.
Rolex failed to block the trademark registration of “Crown Logo” at EUIPO
Rolex has been defeated in the latest round of its battle with the European Union Intellectual Property Office (“EUIPO”) to prevent the registration of a crown-centric trademark, claiming that the mark is not only too similar to its well-known crown logo but also likely to take unfair advantage of the Rolex crown mark’s reputation. The EU General Court rejected Rolex’s opposition on both grounds, concluding that the likelihood of confusion between the crown logo used on watches and “clothing, footwear, headgear” – the latter of which are the goods listed on PWT A/crown S’s application – is low, and that there is no reputation in Rolex’s crown logo on its own that is at risk of being misappropriated.
Famous French Luxury Fashion house Yves Saint Laurent File its Metaverse and NFT Trademark Applications in USPTO
Yves Saint Laurent (YSL) filed a trademark application with the United States Patent and Trademark Office (USPTO) on January 12, 2023, for its name and logo to enter the metaverse and NFT space. Yves Saint Laurent intends to offer virtual goods in the metaverse and other virtual environments via NFTs. The French luxury fashion retailer also plans to create a virtual store on-chain.
KAnalysis has also made an effort to educate innovators and raise awareness of IPR issues through the publication of guides and blog articles on our website.
Additionally, our team has published articles on LiveLaw that covers the Adidas legal battle over their “Three Stripe Mark” and Provided an Examination of the issue of design piracy in the context of a recent Delhi High Court judgement.
