This presentation is part of the talk delivered by Gaurav Mishra to the participants of a session organized by the department of Science and Technology, Rajasthan. The presentation deals with compulsory licensing of patents in India and gives ab overview of the relevant sections, rules, procedures and case studies.
A presentation on Patent Registration Process by Ms. Anjali Santhosh BananaIP Counsels
Ms. Anjali Santhosh, Senior Associate at BananaIP Counsels delivered a webinar session on Patent Registration Process at Kristu Jayanti College for Law and Economics students on the 14th of August, 2020. The webinar event was attended by over a 200 participants and was primarily aimed at helping students and faculties to understand the process and importance of Patents.
GAURAV MISHRA DELIVERS A TALK ON LAW OF PATENTS- ELEMENTS- RIGHTS- REMEDIES – IMPORTANCE AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE.
Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP’s Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, to name a few. The patent attorneys at BIP have strong technical and legal expertise in areas such as IT/Software, Artificial Intelligence (AI), Machine Learning, Data Analytics, Electronics and Telecommunication, Mechanical, Automotive, Green Energy, Traditional Medicine and Bio/Pharma domains. The firm is a first choice for clients looking for support in patent filing, prosecution, management and strategy in India, and across the world.
Write to us at contact@bananaip.com
Patent infringement Analysis - IPRL Class on Paper II : Law of Patents: by D...BananaIP Counsels
Dr. Kalyan explained the concept of patent infringement, assessing literal infringement and infringement by doctrine of equivalence with examples. The infringement test used in the Indian courts was also discussed. Please find the presentation below for your reference.
A presentation on Patent Registration Process by Ms. Anjali Santhosh BananaIP Counsels
Ms. Anjali Santhosh, Senior Associate at BananaIP Counsels delivered a webinar session on Patent Registration Process at Kristu Jayanti College for Law and Economics students on the 14th of August, 2020. The webinar event was attended by over a 200 participants and was primarily aimed at helping students and faculties to understand the process and importance of Patents.
GAURAV MISHRA DELIVERS A TALK ON LAW OF PATENTS- ELEMENTS- RIGHTS- REMEDIES – IMPORTANCE AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE.
Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP’s Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, to name a few. The patent attorneys at BIP have strong technical and legal expertise in areas such as IT/Software, Artificial Intelligence (AI), Machine Learning, Data Analytics, Electronics and Telecommunication, Mechanical, Automotive, Green Energy, Traditional Medicine and Bio/Pharma domains. The firm is a first choice for clients looking for support in patent filing, prosecution, management and strategy in India, and across the world.
Write to us at contact@bananaip.com
Patent infringement Analysis - IPRL Class on Paper II : Law of Patents: by D...BananaIP Counsels
Dr. Kalyan explained the concept of patent infringement, assessing literal infringement and infringement by doctrine of equivalence with examples. The infringement test used in the Indian courts was also discussed. Please find the presentation below for your reference.
Presentation on the Patent Process in US
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Besides formal patent applications, start-ups can also apply for provisional patent applications. Find out what it takes to have a pending patent for your invention.
Filing a Patent application is the first step towards protecting an invention. This presentation details in brief on how and where to file a patent application along with the other documentary and statutory requirements.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Presentation on the Patent Process in US
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Besides formal patent applications, start-ups can also apply for provisional patent applications. Find out what it takes to have a pending patent for your invention.
Filing a Patent application is the first step towards protecting an invention. This presentation details in brief on how and where to file a patent application along with the other documentary and statutory requirements.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Compulsory Licensing: Regulatory perspective on how it can be filed and how they can be used for public health, especially essential anti-cancer molecules. A tool to scale down the cost of essential life saving medicines
Covers legal aspects of Patenting in India.Explains the difference between Patent, Trademark and Copyright. Differentiates between patentable and non patentable inventions and explains the process of obtaining a patent, with case studies and examples.
Indian Intellectual Property Cases Report, 2021.pdfBananaIP Counsels
BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property.
Detailed information on different types of intellectual property rights and how to protect them through patent filing, copy rights, geographical identification and other procedures
The Proposed Trade Marks (1st Amendment) Rules, 2024BananaIP Counsels
Deadline for Public Comments on New Trade Mark Draft Rules 2024 Ends Today, February 9th, 2024
The Ministry of Commerce and Industry, through its Department for Promotion of Industry and Internal Trade, issued a notification on January 2nd, 2024, regarding the draft rules to amend the Trade Marks Rules, 2017. Published in the Gazette of India, this notification invites public feedback and suggestions on the proposed changes.
Read more: https://www.bananaip.com/ip-news-center/trade-marks-1st-amendment-rules-2024-comments-deadline/
Generative AI (GenAI), Business and Intellectual PropertyBananaIP Counsels
The extent of protectability and enforceability of inventions and creations of Generative (Gen) AI is today the subject of discussions and debates among professional and academic circles. While Courts in some countries have decided on protectability of Gen AI, and the role of human intervention required for such protection, several questions remain unanswered. The enforceability of Gen AI also raises several questions at various levels. Read more - https://www.bananaip.com/ip-news-center/generative-ai-genai-business-and-intellectual-property/
If you have any questions, speak with an IP expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
Guidelines on Film Accessibility in India: Comments and SuggestionsBananaIP Counsels
On 8th January 2024, the Ministry of Information and Broadcasting (MoIB) published a draft of the Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with hearing and visual impairments (hereinafter “Guidelines”). These Guidelines are expected to be applicable for those feature films that are certified by the Central Board of Film Certification (CBFC) for public exhibition in cinema halls/movie theatres for commercial purposes. The Guidelines were made available for public scrutiny on 8th January 2024, seeking comments and suggestions by 31st January 2024. In response, the accessibility law attorney team at BananaIP Counsels (“BananaIP”) is hereby submitting comments and suggestions for the MoIB’s consideration. The comments and suggestions submitted herein are based on our ground-level experience of facilitating and implementing accessibility standards and are being submitted with the bonafide intent of enabling the MoIB to improve the guidelines based on implementation level feedback.
The views expressed in the submissions are those of the authors and do not reflect the views of BananaIP, other attorneys in the firm, or its clients.
Indian Design Statistics for 2023 By BananaIP CounselsBananaIP Counsels
The Indian Design Statistics Report for the year 2023 has been prepared by BananaIP Counsels as a part of its knowledge dissemination initiatives. The report is based on the information and data available on the Indian Intellectual Property (IP) Office website and databases and is accurate to the extent of data publication, availability, and searchability.
For the latest IP news updates visit: www.bananaip.com
Email: contact@bananaip.com
Indian Patent Statistics for 2023 by BananaIP CounselsBananaIP Counsels
BananaIP is pleased to release the 2023 Patent Statistics Report. This document offers a comprehensive overview of patent activities in India, including publications, examinations, grants, and refusals. It compares data from 2019 to 2023 and includes city-wise patent statistics and performance metrics of various patent offices.
The Draft Indian Patent Rules 2024 has been released for public review. This document primarily addresses the adjudication process for penalties in patent-related matters. It introduces specific roles such as 'Adjudicating Officer' and 'Appellate Authority', clarifying their functions in the patent adjudication process. The draft also details procedures for filing and appealing complaints in cases of patent contraventions.
These updates are part of an ongoing effort to enhance the clarity and efficiency of the patent process in India. Stakeholders are encouraged to submit their feedback by February 1st, 2024.
If you have any questions, speak with a Patent expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
Patent Examination and Pre-Grant Opposition are independent processes, says t...BananaIP Counsels
In an appeal filed by Novartis from the decision of a Single Judge, the Division Bench of the Delhi High Court considered if a pre-grant opponent would have the right to participate and get a hearing with respect to amendments made by the patent applicant based on directions of the Controller of Patents. The pre-grant oppositions in the case were filed by NATCO and several others, and the Single Judge held that pre-grant opponents have to be heard with respect to all amendments as the patent examination and pre-grant opposition processes merge once a representation is accepted by the Controller. Disagreeing with the Single Judge, the Division Bench held that patent examination and pre-grant opposition are independent and separate processes.
If you have any questions, speak with a Patent expert/attorney – contact@bananaip.com or 91-80-26860414/24/34.
In the case of Huhtamaki Oyj And Anr Vs Controller Of Patents at the Delhi High Court, a significant development has transpired. The focus was on a Polymer Technology patent application titled “An Essentially Biobased Thermoformable Composition And Containers Formed Thereof”.
The application had encountered objections concerning its inventive step and non-patentability. The Court highlighted the need for a thorough examination in the decision-making process.
After detailed reconsideration, it's confirmed that the patent was granted on 26th July 2023. This case emphasizes the critical role of comprehensive examination in the patent granting process and the resilience necessary from applicants.
#BananaIP #PatentLaw #DelhiHighCourt #InnovationProtection #PolymerTechnology #PatentGranted #IntellectualProperty
IP For Business - Presentation by Dr. Kalyan at IIM - Bangalore (2023 Class o...BananaIP Counsels
On August 3rd, 2023, Dr. Kalyan from BananaIP shared insights on 'IP for Business' with the 2023 EPGP class at IIMB. As we continue our journey, we appreciate your interest and engagement with our ongoing efforts.
www.bananaip.com
#BananaIP #DrKalyan #IPforBusiness #IIMBangalore #EPGP2023 #IntellectualProperty #IPInsights #BusinessStrategy #EducationInitiative #KnowledgeSharing
INDIAN INTELLECTUAL PROPERTY STATISTICS REPORT, 2021BananaIP Counsels
BananaIP is happy to launch the IP statistics report for the year 2021. This report covers Patent, Trademark, Design, Copyright and Geographical Indication (GI) statistics based on information available on the website of the Indian IP Office. Wherever relevant, a comparative review with previous years has been presented in the report.
Findings and Conclusions
At a general level, intellectual property activity before the IP Office increased notably in 2021 compared to the previous year. While Patent, Copyright, Trademark, and GI filings saw an increase in numbers, the number of Design filings dropped during the year.
The conclusion of the report reads as follows:
"To conclude, we observed an overall increase in the IP Statistics in 2021. In the year 2021 number of patents published increased by 2%, the number of trademarks filed increased by 13.78%, the number of copyrights filed increased by 29.71% and the number of geographical indications filed increased by 49.01%. We also observed that the number of patents granted increased by 15.66%, trademarks registered increased by 33.96%, and geographical indications registered increased by 560% in 2021. However, the number of designs registered decreased by 17.54%."
Statistics as Indicators
Intellectual Property statistics have since long been used as indicators of intellectual activity, and the findings of this report signify an increase in innovative and creative activity in India despite the pandemic. The numbers also indicate the importance being given to IP protection in the Indian market by both Indian and foreign organisations.
Talking about the report, Dr. Kalyan C. Kankanala stated, "IP filings in India have been steadily increasing since 2014, and the increase in 2021 is not surprising. What is interesting is the fact that patent, trademark, and other IP filings increased despite the negative consequences of COVID-19.
The increase in numbers is in sync with increased enforcement, licensing, and litigation.
Over the last decade, we have seen a significant transformation in the IP ecosystem in India, and I can today state with confidence that we are no longer a nation that views IP with circumspection."
Attribution
The report was the result of contributions from consulting/strategy, patent, copyright, and trademark departments of BananaIP Counsels.
In this presentation, we bring to you a recap of the IP statistics from 2021 and a comparison of these numbers with the statistics from 2019 and 2020. The data is calculated for the respective calendar years (January to December). It will be different from the data published by the respective offices as they calculate the data for the respective financial year.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Compulsory licensing - Talk by Gaurav Mishra at event organized by Department of science and technology, Rajasthan
1. Copyright BananaIP Counsels 2020 - All Rights Reserved
Compulsory Licensing
By
Gaurav Mishra
gaurav@bananaip.com
www.bananaip.com
2. Copyright BananaIP Counsels 2020 - All Rights Reserved
Rights of a Patentee?
Section 48
Exclusive right to
◦ Make
◦ Use
◦ Sell
◦ Offer for sale
◦ Import
What does it apply to?
◦ Products
◦ Processes
3. Copyright BananaIP Counsels 2020 - All Rights Reserved
License
What?
◦ Permission to do, use, or own something.
Types of Patent License
◦ Exclusive License
◦ Non-exclusive License
◦ Compulsory License – Exclusive? OR Non-
exclusive?
4. Copyright BananaIP Counsels 2020 - All Rights Reserved
Compulsory Licenses (s. 84)
Who can apply and when?
◦ Acc. to S. 84(1)
Any person interested may apply for issue of CL to the Controller
including license holder [s. 84(2)]
After expiration of three years from date of grant of patent
Rule 96; Form 17
Any costs?
5. Copyright BananaIP Counsels 2020 - All Rights Reserved
Compulsory Licenses (s. 84)
Grounds of applying for CL
◦ Reasonable requirements of public have not
been satisfied
◦ Patent invention is not available to public at
reasonably affordable price
◦ Invention is not worked in the territory of India
6. Copyright BananaIP Counsels 2020 - All Rights Reserved
Reasonable requirements
Section 84(7) : Reasonable requirements of
public not deemed satisfied if:
◦ Due to refusal by patentee to grant license: [s. 84(7)(a)]
an existing trade or industry OR development & establishment of any
new trade or industry India OR the trade / industry of any person
trading or manufacturing in India is prejudiced;
OR
Demand for patent article has not been met to adequate extent or on
reasonable terms;
OR
7. Copyright BananaIP Counsels 2020 - All Rights Reserved
Reasonable requirements
A market for export is not being supplied or developed;
OR
Establishment or development of commercial activities is in
India is prejudiced;
If due to conditions imposed by Patentee in a license
OR if by purchase, hire and use of patented article or
process: [s. 84(7)(b)]
◦ Manufacture , use or sale of materials not protected by patent
is prejudiced
8. Copyright BananaIP Counsels 2020 - All Rights Reserved
Reasonable requirements
If Patentee imposes any of the following conditions in
his license: [s. 84(7)(c)]
1. to provide exclusive grant back
2. prevent any challenge to validity of patent
3. Coercive package licensing
If patented invention is not worked in territory of India
on a commercial scale to an adequate extent or
worked to fullest extent that is reasonably practicable:
[s. 84(7)(d)]
If working of patent on commercial scale in India is
prevented or hindered by importation of patented
article from abroad [s. 84(7)(e)]
9. Copyright BananaIP Counsels 2020 - All Rights Reserved
Considerations by Controller
u/s. 84(6), the controller takes the following into
consideration before issue of CL
1. Nature of invention;
Time elapsed since sealing of the patent;
Measures already taken by the patentee to make full use of the
invention;
2. Ability of applicant to work the invention to public advantage;
3. Capacity of applicant to undertake risk in providing capital and
working the invention
4. Whether applicant has made efforts to obtain a license from the
patentee on reasonable terms and conditions without success
Clause is NOT applicable in case of national emergency, cases of
extreme urgency, public non commercial use or establishment of
ground of anti competitive practice adopted by patentee
10. Copyright BananaIP Counsels 2020 - All Rights Reserved
Adjournment of applications for CL
u/s. 86 – Controller can adjourn the application for
issue of CL if he believes that:
◦ Time since grant of patent is insufficient to work the invention
◦ If patentee proves that he could not work the invention due to
any rule or regulation of the state or central government
Application can be adjourned for a maximum of 12
months
11. Copyright BananaIP Counsels 2020 - All Rights Reserved
Terms & Conditions of CL (s. 90)
Controller must try to ensure that:
◦ Royalty or remuneration to patentee is reasonable
◦ Licensee is able to work the invention to the fullest
with reasonable profits to him
◦ Invention is available to public at reasonably
affordable prices
◦ License is non exclusive
◦ Rights are non-assignable
◦ License is for as short a term as possible keeping
in mind the public interest
◦ Predominantly supply should be in Indian market
◦ Licensee can export is necessary
◦ Does not authorize licensee to import
12. Copyright BananaIP Counsels 2020 - All Rights Reserved
Case studies
Bayer versus Natco.
◦ India’s first and only compulsory license granted till date
Case summary:
◦ On 9th March 2012, the Controller ruled against German pharmaceutical giant Bayer Corp.
◦ Patented drug “Sorafenib tosylate” (Nexavar) used in treatment of advanced stages of kidney and liver
cancer.
◦ Drug launched in 2006, received license to import and market the drug in India on 1st August 2007.
◦ Bayer did not import the drug at all in 2008 and only started importing it in small quantities in 2009 and 2010
◦ Seeing that Bayer was not making the drug accessible to more people, Natco applied for a compulsory
license under Section 84 of the Patents Act
◦ Cost difference: Nexavar costed 2.80 lakh for 120 tablets; Natco’s drug costed 8800 INR for 120 tablets
◦ Decision upheld by Bombay High Court
13. Copyright BananaIP Counsels 2020 - All Rights Reserved
Other CL cases
Emcure Pharmaceuticals v. Roche
◦ Second instance but withdrawn
◦ Roche’s Drug “Trastuzumab” commonly known as Herceptin
◦ Department of Industrial Policy and Promotion (DIPP) denied the Ministry of Health in proceeding
with this application, which had made a request under section 92 of the Patents Act, which allows
for the government to file for a license in cases of national emergency
BDR Pharma v. Bristol Myers Squibb (BMS)
◦ Second CL application
◦ BDR Pharma filed for a Compulsory License in March 2013, for Bristol Myers anti-cancer drug
“Dastanib”.
◦ Rejected by Controller as BDR Pharma could not make out a prima facie case for the grant of a
compulsory license – failed to make efforts to obtain a voluntary license from the patentee on
reasonable terms and conditions.
14. Copyright BananaIP Counsels 2020 - All Rights Reserved
Other CL cases
Lee Pharma v. Astrazeneca
◦ Third CL application
◦ Lee Pharma filed Compulsory Licensing Application on 29th June 2015 for patented
drug “Saxagliptin”
◦ Saxagliptin granted originally to Bristol Myers Squibb (BMS) - used in the treatment
of Diabetes.
◦ Patent assigned by BMS to AstraZeneca
◦ Lee pharma alleged that Astrazeneca had been importing the drug at less than a
rupee but charged as much as Rs 45 for each tablet.
◦ Controller rejected application on grounds that prima facie case could not be made
out
15. Copyright BananaIP Counsels 2020 - All Rights Reserved
Images by iXimus from Pixabay
HellooooooHi
CL for drug against Coronavirus
16. Copyright BananaIP Counsels 2020 - All Rights Reserved
The case of Remdesivir
Gilead holds three patents in India for remdesivir
drug originally used to treat Ebola
In May 2020, two health advocacy groups asked
government to revoke patent on remedesivir
Gilead signed non-exclusive licensing agreements
with five generic drugmakers based in India and
Pakistan, allowing them to make and sell
remdesivir for 127 countries.