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Kameshwaris Sridhar  (Intellectual Property Attorney, India)
Biochemical substances and the realm of S. 3(d) (Novozymes vs The Assistant Controller of Patents and Designs): Scope of applicability of Section 3(d) redefined by Madras High Court?
November 23, 2023

I) Introduction The science of biochemicals and the realm of Section 3(d) of Indian Patents Act! Can there be a reconciliation between the two? This question is a hot topic of discussion amongst the…

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Enrico Bonadio  (City St. George’s, University of London) , Mahak Kansara  (Advocate, Bar Council of Rajasthan, India)
Recent Indian Case Law on Standard Essential Patents
October 23, 2023

An earlier post on case law on Standard Essential Patents (SEPs) in India looked at decisions published until 2021. This very comment updates the analysis by covering more recent cases occurred in…

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Radhi Shah  (USC Gould School of Law)
Compulsory License: India
August 16, 2021

Legal basis The legal basis for compulsory licenses can be found under the Indian Patent Act, 1970 (Indian Patent Act), Chapter XVI, read with Indian Patent Rules, 2003 (Indian Patent Rules).…

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Enrico Bonadio  (City St. George’s, University of London) , Luke McDonagh  (London School of Economics) , Anushka Tanwar  (University School of Law and Legal Studies, New Delhi)
Recent Indian Case Law on Standard Essential Patents
June 04, 2021

In the past few years, India has produced significant case law on Standard Essential Patents (‘SEPs’), with the High Court of Delhi being the venue of several high-profile disputes. An important SEP…

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Vaishali Mittal  (Anand and Anand)
Implementors must be given access to FRAND agreements: Delhi High Court, Part 2
February 12, 2021

Can natural justice outweigh statute, contractual confidentiality obligations and industry practice? Recently, the High Court of Delhi passed a decision in the heated FRAND dispute between…

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Vaishali Mittal  (Anand and Anand)
Implementors must be given access to FRAND agreements: Delhi High Court, Part 1
February 11, 2021

Can natural justice outweigh statute, contractual confidentiality obligations and industry practice? Recently, the High Court of Delhi passed a decision in the heated FRAND dispute between…

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Vaishali Mittal  (Anand and Anand)
One more blow to those misinterpreting the Enercon decision of the Supreme Court - infringement lies despite a pending post grant
March 09, 2020

Recently the Hon’ble Delhi High Court in its judgement of CDE Asia Limited v. Jaideep Shekhar and Anr. CS (COMM) 124/2019 has interpreted and clarified the observations made by the Hon’ble Supreme…

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Nidhisha Garg  (B.A.LL.B (Hons) IVth Year)
Monsanto v. Nuziveedu: A Missed Opportunity by the Supreme Court?
January 27, 2020

It has been a year since the Supreme Court remanded the matter to the Delhi High Court in the case of Monsanto Technology LLC v. Nuziveedu & Ors[1]. However, the step may have proved to be…

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Devika Agarwal , Radhika Agarwal  (Indian Institute of Technology, Madras)
THE DISMAL HISTORY OF COMPULSORY LICENCES IN INDIA
April 21, 2016

On 1st April 2016 the National Human Right Commission (NHRC) called on the Indian government to submit reports on the allegations that the Indian government had given private assurances to the US…

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