AMAZON SELLER SERVICES PVT. LTD. VS. AMWAY INDIA ENTERPRISES FAO (OS) 133/2019. DECIDED ON 31.01.2020 Six appeals were filed against the impugned common judgement dated 08.07.2019 passed by the Ld. Single Judge of Hon’ble Delhi High Court. By the said judgement the Ld. Single Judge had passed an injunction against Amazon and similarly situated Companies […]
Tips Industries Vs. Wynk Music Ltd. & Anr. FACTS The plaintiffs licensed its repertoire of about 25000 songs to the defendants by Copyright Society under a license agreement on 22nd August 2015. The license fee was paid, and license was valid till 31st October 2016. After the expiration of license both the parties went on for […]
Bayer Corporation Vs. Union of India & Ors. Decided on 22.04.2019 In a decision that is likely to have a significant impact on pharmaceutical patents and access to medicines, a Division Bench of the Delhi High Court upheld a Single Judge’s decision and ruled that the ‘export’ of a patented invention for experimental purposes […]
UTV SOFTWARE COMMUNICATION LTD. & ORS. VS. 1337X.TO AND ORS. (Order dt.10.04.2019 CS(COMM) 724/2017) FACTS: The Plaintiff, including UTV Software Communications Ltd., are companies engaged in creating content, producing and distributing cinematographic films around the world including in India. The Defendants are thirty identified websites, along with John Doe Defendants, the Ministry of Electronics and […]
MONSANTO TECHNOLOGY LLC VS. NUZIVEEDU SEEDS LTD. & ORS. 2019 SCC Online SC25 FACTS: Monsanto had licensed its Bollgard Technology to Indian seed companies, including Nuziveedue for an initial period of ten years. Under the license agreement, these companies were supposed to sell certain seeds and pay a contractually- agreed trait value/ license fee to […]
The Registrar General under the PPV&FR Act, 2001 issued a public notice under Sections 7 and 28 thereof, purportedly to clarify the extent and scope of rights/power under the Act. Among others, as per this Notice, the power of price fixation of seeds of registered varieties as well as fixation of license fee/royalty for technology that may go […]
In a move towards updating the 2014 guidelines for the sharing of benefits arising from the access and use of genetic/biological resources, the National Biodiversity Board (NBA) has proposed the draft Access and Benefit Sharing Guidelines (ABS Guidelines) in April 2019. These are proposed as regulations under the Biological Diversity Act, 2002. The draft mostly […]
In a step forward for Patent Prosecution in India, the Government approved the proposal for Bilateral Patent Prosecution Highway (PPH) program between Indian Patent Office and Patent Offices of other interested countries/regions. PPH refers to bilateral arrangement between patent offices that aims to: a) promote work-sharing and b) enable accelerated processing of patent applications. The […]
The Department for Promotion of Industry and Internal Trade (DPIIT) notified the Draft Copyright (Amendment) Rules, 2019 with the stated aim of ensuring “smooth and flawless compliance of Copyright Act in the light of technological advancement in digital era and to bring them in parity with other relevant legislations.” The Amendment Rules, inter alia, propose substitution of any […]
The Government of India has published a draft Form 27 for comments under the Draft Patent (Amendment) Rules, 2019. The proposed amendment issued by the Department of Industrial Policy and Promotion (DIPP) under the Ministry of Commerce and Industry clarifies the timelines for filing Form 27 as well as revised provisions for providing verified English- […]