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Showing posts from July, 2018

Novartis vs. Union of India

In this post (which I wrote long back), I have summarized the landmark judgment delivered by the Supreme Court. Here it goes - The Novartis Patent Saga  The Zimmerman patent in 1993 - disclosed the imatinib free base – this patent was not granted in India because India did not provide for pharmaceutical patents prior to 1995; A publication in 1996, which referenced imatinib mesylate; The 1998 patent application (Application No.1602/MAS/1998) before the Indian Patent Office which claimed the beta-crystalline form of imatinib mesylate. What is claimed- beta crystalline form, better thermodynamic stability, lower hygroscopicity (comparison was made to alpha crystalline form) Application lay dormant – mailbox procedure – since patent law was in transition – appellant made an application for grant of EMR u/s 24A of the Act – EMR granted Nov. 10, 2003 Jan 1, 2005 – Application taken out of mailbox - attracted five pre-grant oppositions in terms of section 25(1) of the

COPYRIGHT - PRACTICE AND PROCEDURE MANUAL 2018

Ever since the Copyright office has been shifted under the aegis of Ministry of Commerce & Industry, the entire registration procedure has been revitalized. Earlier, the Copyright registration took over two years which has been significantly brought down to less than two months and having personally seen the changes, it left me wondering why these reforms didn't take place earlier..? Anyway...now things are moving so fast that after Copyright Office has issued manual of practice and procedure on 27th April, 2018 following to the draft guidelines issued in February, 2018, accession to the WIPO Copyright Treaty, 1996 (WCT) and WIPO Performance and Phonogram Treaty, 1996 (WPPT) happened on 4th of July, 2018. The manuals have been published (after taking into consideration, the relevant suggestions from the stakeholders) in order to increase the transparency and reduce the delay in processing the Copyright application. The manual for different Copyright works can be a