LALL & SETHI

Patents

Lawyer group to challenge patent for Roche’s anti-HIV drug
September 26, 2007: Live mint

In the first instance of its kind, the Chennai patent office has granted a patent to an anti-HIV drug, valganciclovir, to F Hoffman-La Roche Ltd, a Swiss drug maker, without hearing groups opposed to the monopoly protection given to the medicine. The patent will prevent makers of off-patent, or generic drugs, in India from copying the drug. There are no other generic copies of the drug, an important medicine used by HIV patients to ward off infection. Lawyers Collective, a Mumbai-based non-governmental organization that works for AIDS patients’ access to medicine in India as also civil and women’s rights, plans to file a case against the patent controller of India and the Chennai patent office for giving the patent despite a pre-grant opposition having been filed.  more...
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Geographical Indications

'Non-food items need GI protection'
September 28, 2007: Economic Times

India wants the European Union to accord protection for Indian geographical appellations (GI) in all sectors rather than limiting them to agriculture products such as Darjeeling tea, Alphonso mangoes and Basmati rice. Various items including Kanjeevaram sarees and Kolhapuri chappals should also get protection. In the bilateral trade and investment agreement being negotiated by the two, India will insist on the EU changing its domestic regulations to allow GI protection for non-food items as well.  more...
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Trademarks

Only Amul can use 'Amul': Court
September 25, 2007: Times of India

Utterly Butterly Amul’s name cannot be used by any other proprietor even if the company is selling goods other than that sold by the proprietor, who has registered the trademark. In a significant judgment, the Gujarat High Court has ruled that a registered trademark user has the right to restrict others using their trademark for different class or goods. HC’s judgment was in connection with a case where the Kaira District Co-operative Milk Producers’ Union popularly Amul Dairy and the Gujarat Co-operative Milk Marketing Federation (GCMMF) had filed trademark infringement cases against two local shop owners, Amul Chasmaghar and Amul Cut Piece Stores in the district court.  more...
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High Court rules in favour of registered trade mark user
September 24 2007 : News.Oneindia.in

In a landmark judgment, the Gujarat High Court has ruled that a registered trade mark user has the right to restrict others using their trade mark for different products or goods. While upholding the ruling of the Anand District Court, Justice D N Patel ruled recently that he saw no reason to entertain the appeal as the order passed by the trial court is correct, legal and in consonance with the facts of the case as well as in accordance with the provisions of the Trade Marks Act 1999. The High Court has ruled that a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with or similar to the registered trade mark and is used in relation to goods or services, which are not similar to those for which the trade mark is registered.  more...
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Authoritative Decision of Supreme Court of India on Domain Name Dispute

Civil v Criminal Remedies

Deadlines

Domain Registrations

Enforcement of Trade Marks

Salient Features of The Trade Marks Act, 1999

The Patents (Amendment) Bill 2005

Indian Court Grants Punitive Damage for Trade Mark Violation

Supreme Court on Injunctions

Supreme Court of India Reiterates its commitment to Protect Well-Known Foreign Brands

Landmark Supreme Court of India Decision on USE of Trade Marks

TM Act 99 - Well known Trade Marks

Lall & Sethi Tsunami Relief Efforts

Broadcast & Entertainment Sector Newsletter