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Patents

Drastic decrease in patent publications and grants this week

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Drastic decrease in patent publications and grants this week

Weekly Patent News - Patent and industrial design statistics

This week’s Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 4th of June 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.

INDIAN PATENT STATISTICS

A total of 251 patent applications have been published in the 23rd issue of the Patent Journal, 2021. Out of the 251 applications published in the journal, 54 applications account for early publications while 197 applications account for ordinary publications or publications occurring after the 18 – month period. A total of 654 applications have been granted last week as compared to 724 grants in the week preceding the last.

Early Publications

City Previous Week This Week Percentage of change
Delhi 155 17 89.03% decrease
Mumbai 94 22 76.6% decrease
Chennai 166 14 91.57% decrease
Kolkata 4 1 75% decrease
Total 419 54 87.11% decrease

Ordinary Publications

City Previous Week This Week Percentage of change
Delhi 86 57 33.72% decrease
Mumbai 26 39 46.15% increase
Chennai 4 50 1150% increase
Kolkata 51 ——
Total 116 197 69.83% increase

TOTAL PUBLICATIONS (Previous Week): 535

TOTAL PUBLICATIONS (This Week): 251

Percentage difference: 53.08% decrease

FIRST EXAMINATION REPORT (FER) STATISTICS

A total of 1,467 FER’s were issued last week. Applicants and their agents can check if any of their patent applications have been examined by referring to the journal available here.

City No. of FER Issued
Delhi 740
Mumbai 236
Chennai 398
Kolkata 93
Total 1,467

Publications under Grant

City Previous Week This Week Percentage of change
Delhi 289 247 14.53% decrease
Mumbai 78 93 19.23% increase
Chennai 251 217 13.55% decrease
Kolkata 106 97 8.49% decrease
Total 724 654 9.67% decrease

Number of Applications published based on ‘Applicant City’

Of the total 251 patent applications published in the journal last week, Delhi, Mumbai, Chennai, Bangalore, Hyderabad and Kolkata have contributed a total of 62 applications. The total applications from each of the previously mentioned cities are as follows – 14 applications from Delhi, 17 applications from Mumbai, 3 applications from Pune, 9 applications from Bangalore, 11 applications from Chennai, 8 applications from Hyderabad and none from Kolkata.

List of Cities 1st of January till date 29th May 2021 to 4th June 2021
Delhi 365 14
Mumbai 434 17
Pune 37 3
Bangalore 469 9
Chennai 628 11
Hyderabad 313 8
Kolkata 89 0

PATENT STATISTICS SUMMARY (1ST OF JANUARY TILL DATE)

Total early publications 4,568
Total ordinary publications 15,639
Total applications published 20207
Total grants in Delhi 5,079
Total grants in Mumbai 2,113
Total grants in Chennai 4,849
Total grants in Kolkata 2,117
Total Grants 14,158
Total applications examined 34,127

INDIAN INDUSTRIAL DESIGN STATISTICS

The design office has registered a total of 101 designs this week. The total designs registered from the 1st of January 2021 till date now adds to a total of 4,291 applications.

  • Total designs registered in the previous Week: 70
  • Total designs registered this Week: 101

Total designs registered from the 1st of January 2021 till date: 4,291

Data compiled by Gaurav Mishra


About BIP’s Patent Attorneys

The patent news bulletin is brought to you by the patent division of BananaIP Counsels, a top patent and IP firm in India. 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.

This weekly patent news bulletin is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and back link to the source.

If you have any questions, or need any clarifications, please feel free to write to [email protected]

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to [email protected] for corrections and take down.

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Source: https://www.bananaip.com/ip-news-center/drastic-decrease-in-patent-publications-and-grants-this-week/

Patents

Latest Patent Cases in 2021 – Part 1

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Latest Patent Cases in 2021 – Part 1

Latest Patent Cases in 2021 - Part 1

H. Lundbeck A/S & Anr. vs Symed Labs Limited

In this case, the patent holder (plaintiff) and the defendant settled a patent suit even before notice was served, and filed an application asking the Court to decree the suit as per the terms of the settlement agreement, which the Court did. The Court also refunded the Court fee payed by the plaintiff in the case. This settlement agreement between the parties is interesting because it dealt with use of the patent under Section 107A, which provides exemptions to patent infringement for use of the invention to develop and submit information for Government approval and parallel importing. Technically, the permission of the patent holder is not required for such a use, and the agreement defines the scope of permitted use in general terms. It states that R and D use for regulatory approval is permitted, but commercialization is not.

The settlement terms cited by the Court read as follows:

“i. The Defendant acknowledges the validity of the Indian Patent No. 227963 during its subsistence.

ii. The Defendant undertakes that it will not be commercially launching any product, including but not limited to Vortioxetine and/or Vortioxetine Hydrobromide violating the suit patent IN 227963 (hereinafter, ‘IN ‘963patent’) during its subsistence.

iii. That the Defendant undertakes that it will furnish a statement to the Plaintiffs and their counsel, every 6 months, starting from the date on which the settlement is recorded and until the subsistence of the IN ‘963 patent, containing the particulars and quantities of Vortioxetine and/or Vortioxetine Hydrobromide supplied/ to be supplied to third parties whether in the domestic market or by export for R&D purposes prescribed under S. 107A of The Patents Act, 1970 (hereinafter, ‘Patents Act’).

iv. That the Defendant undertakes that at all times and until the subsistence of the IN’963 patent, the Defendant will obtain declarations/ and undertakings from all third-party customers that such purchase/sale/export of Vortioxetine and/or Vortioxetine Hydrobromide is for the purposes prescribed under S. 107A of the Patents Act and provide the same to the Plaintiffs and their counsel.

v. That the Defendant further undertakes that, going forward and till the subsistence of the Indian Patent No. 227963, it will supply Vortioxetine and/or Vortioxetine Hydrobromide to only those entities which will provide them the information on the quantities of Vortioxetine and/or Vortioxetine Hydrobromide required for regulatory purposes under the laws of their country and/or any other country where they are applying for regulatory approval, whichever is applicable. That upon obtaining the said information, the Defendant will provide the same to the Plaintiffs and their counsel.

vi. That the Defendant further undertakes that if, during the subsistence of the Indian Patent No. 227963, it is discovered that any of the parties to whom the Defendant has supplied the product Vortioxetine and/or Vortioxetine Hydrobromide, are commercializing the product, the Defendant will promptly inform the Plaintiffs and their counsel along with requisite proof of such commercialization. Further, the Defendant would also stop the supply of the product to such party immediately and provide a confirmation thereof in writing to the Plaintiffs and their counsel.

vii. That the Defendant further undertakes that all communications to be made by the Defendant to the Plaintiffs and their counsel, in writing, in compliance of the aforesaid terms, would be at their respective postal addresses or email addresses, mentioned below: XXX

viii. That the Plaintiffs reserve their right to seek revival of the instant law-suit if the Plaintiffs find the Defendant herein has made commercial use of the suit patent, IN 227963.

ix. The present suit may be decreed in view of the aforesaid terms and that the Plaintiffs may be entitled to refund of court fees under the Court Fees Act, 1870.”

Citation: H. Lundbeck A/S & Anr. vs Symed Labs Limited, Decided by the Delhi High Court on 4 June, 2021, available at: https://indiankanoon.org/doc/115266148/

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Source: https://www.bananaip.com/ip-news-center/latest-patent-cases-in-2021-part-1/

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Patents

Tyson Sues Clothing Brand, Disney in Latin American TM Row and More

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Tyson Sues Clothing Brand, Disney in Latin American TM Row and More

The featured image shows a black school board on which the following words appear to be written by chalk. The words read "Trademark news : Weekly updates". To get your weekly updates and news on IP, click here.

Mike Tyson initiates lawsuit against Australian streetwear company, Singh & Singh Law Firm wins trademark suit, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel

INDIAN TRADEMARK UPDATES

Singh & Singh Law Firm Secures Interim Injunction Against Singh + Singh LLP

In a recent decision by the Delhi High Court, Singh & Singh Law Firm received a favourable order, injuncting another law firm, Singh + Singh LLP from using the marks ‘Singh + Singh’, ‘Singh + Singh LLP’, and other similar marks. The Plaintiff, Singh & Singh Law Firm,  claimed that the Defendant (Singh + Singh LLP) had previously been operating under the names ‘GSC Law’ and ‘KSK Law’ and under the websites ‘gsclaw.ca’ and ‘kohlilaw.com’ respectively, and had deliberately changed their name to the deceptively similar ‘Singh + Singh LLP’ to encash upon Singh & Singh Law Firm’s long-standing reputation. Although the Defendants claimed that their services were restricted to the region of Ontario, Canada, and would not interfere with Singh & Singh Law Firm’s practice, the Delhi High Court nevertheless injuncted them from using the deceptively similar mark ‘Singh + Singh LLP’ and any other similar marks in connection with rendering of legal services, owing to Singh & Singh’s global reputation earned by providing services to a number of international clients.

Citation: Singh & Singh Law Firm LLP & Anr. vs. Singh + Singh Lawyers LLP & Ors. [CS(Commm) 263/2021]

INTERNATIONAL TRADEMARK UPDATES

Mike Tyson Sues Streetwear Brand

Former World Champion Boxer, Mike Tyson, has initiated a trademark infringement suit in the New South Wales Federal Court in Australia, against streetwear company Culture Kings. Tyson, who internationally trademarked his own name in 2010, has alleged that the clothing brand has infringed upon his trademark rights by selling a range of clothing, printed with his name, likeness, images, and some of his infamous nicknames like ‘Kid Dynamite’ and ‘Iron Mike”.  In the lawsuit, Tyson has sought all profits earned from selling the allegedly infringing apparel, as well as an injunction preventing Culture Kings from selling the same.

Disney Faces Infringement Suit Against ‘Star+’ Streaming Platform

Entertainment industry giant, Disney, has found itself embroiled in a trademark infringement suit from American media company Starz, over Dinsey’s upcoming Latin American streaming service ‘Star+’. Starz, who has initiated trademark infringement suits against Disney in Mexico, Brazil, and Argentina, has claimed that Disney’s proposed streaming service is infringing upon its trademark rights over the ‘StarzPlay’ platform, which has been operating in Latin America since 2019. As the two streaming services fall under the same category of ‘general entertainment’, Starz has claimed that there exists a high likelihood of confusion among the consumers.

BRAND LICENSING UPDATES

Kollectico Launches Hendrix Bobblehead

Collectible merchandise manufacturer, Kollectico, has recently penned a deal with Experience & Authentic Hendrix, the licensing wing of Jimi Hendrix’s estate, to launch a limited-edition bobblehead of the music legend. The collectible figurines will feature Jimi Hendrix lighting his guitar on fire, as he famously did at the Monterey Pop Festival in 1967. As a further testament to this legendary moment, only 1,967 figures of the bobblehead will be sold worldwide.

Jurassic Park x Unique Vintage

Unique Vintage, a fashion brand specialising in classic and vintage clothing, has recently launched a line of clothing celebrating the “Jurassic Park” film franchise, in association with licensing company Universal Brand Development. The collection will feature designs inspired from the film franchise, printed on a range of scarves, T-shirts, dresses. The Jurassic Park x Unique Vintage Collection is available for sale online at Unique Vintage’s website.

DOMAIN NAME DISPUTE UPDATES

Cryptocurrency Company Defeated in Cybersquatting Dispute

Lukka Inc., a cryptocurrency asset software and data provider, has recently emerged unsuccessful in its cybersquatting dispute against the domain name www.Lukka.com. The crypto company, who was conducting its business under the domain name www.lukka.tech, had  initiated the dispute under the Uniform Domain Name Dispute Resolution Policy (UDRP), claiming trademark rights over the domain name. The UDRP Panel, however, found that the trademark over which Lukka Inc. was seeking to assert its rights belonged to another proprietor, and did not belong to Lukka Inc. Therefore, the complaint by Lukka Inc. was dismissed. The Panel did not inquire into the question of Reverse Domain Name Hijacking.

GEOGRAPHICAL INDICATION UPDATES

India Begins Export of Maharashtrian Gholvad Chickoo

The Geographical Indication (“GI”) tagged Gholvad Chickoo, which is endemic to the Plalghar region of Maharashtra, , has recently received a boost in its promotion through export sales. The Gholvad Chickoo, which is famous for its sweet taste, has been sorted and graded by a facility at Tapi Gujarat, and the first consignment of the fruit was exported to the United Kingdom. The Agricultural and Processed Food Products Export Development Authority (APEDA) of India, which has heavily promoted the Gholvad Chickoo, has stated that owing to a dearth of competition in the international market, there exists a good potential for exports of the Gholvad Chickoo.

Authored and compiled by Uma T.S, Shreya Chaddha & Varun Gopalakrishnan

About BIP’s Trademark Attorneys

The Trademark News Bulletin is brought to you by the Trademark/Copyright, IP Transactional Strategy Divisions of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BIP’s trademark attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Trademark News.

The weekly trademark news initiative is a part of their pro bono work and is aimed at spreading trademark awareness. You are free to share the news with appropriate attribution and backlink to the source.

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to [email protected] for corrections and take down

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Source: https://www.bananaip.com/ip-news-center/tyson-sues-clothing-brand-unique-vintage-x-jurassic-park-collection/

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Patents

Patent activity at IPO picks up this week, patent publications increase

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Patent activity at IPO picks up this week, patent publications increase

Weekly Patent News - Patent and industrial design statistics

This week’s Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 11th of June 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.

INDIAN PATENT STATISTICS

A total of 978 patent applications have been published in the 24th issue of the Patent Journal, 2021. Out of the 978 applications published in the journal, 317 applications account for early publications while 661 applications account for ordinary publications or publications occurring after the 18 – month period. A total of 544 applications have been granted this week as compared to 654 grants in the last week, thereby marking a decrease of about 16.82%

Early Publications

City Previous Week This Week Percentage of change
Delhi 17 43 152.94% increase
Mumbai 22 29 31.82% increase
Chennai 14 235 1578.57% increase
Kolkata 1 10 900% increase
Total 54 317 487.04% increase

Ordinary Publications

City Previous Week This Week Percentage of change
Delhi 57 140 145.61% increase
Mumbai 39 68 74.36% increase
Chennai 50 389 678% increase
Kolkata 51 64 25.49% increase
Total 197 661 235.53% increase

TOTAL PUBLICATIONS (Previous Week): 251

TOTAL PUBLICATIONS (This Week): 978

Percentage difference: 289.64% increase

FIRST EXAMINATION REPORT (FER) STATISTICS

A total of 1,465 FER’s have been issued this week. Applicants and their agents can check if any of their patent applications have been examined by referring to the journal available here.

City No. of FER Issued
Delhi 561
Mumbai 324
Chennai 441
Kolkata 139
Total 1,465

Publications under Grant

City Previous Week This Week Percentage of change
Delhi 247 188 23.89% decrease
Mumbai 93 76 18.28% decrease
Chennai 217 191 11.98% decrease
Kolkata 97 89 8.25% decrease
Total 654 544 16.82% decrease

Number of Applications published based on ‘Applicant City’

Of the total 978 patent applications published in the journal this week, Delhi, Mumbai, Chennai, Bangalore, Hyderabad and Kolkata have contributed a total of 273 applications. The total applications from each of the previously mentioned cities are as follows – 29 applications from Delhi, 18 applications from Mumbai, 16 applications from Pune, 59 applications from Bangalore, 60 applications from Chennai, 41 applications from Hyderabad and 50 applications from Kolkata.

List of Cities 1st of January till date 4th June 2021 to 11th June 2021
Delhi 394 29
Mumbai 452 18
Pune 354 16
Bangalore 526 59
Chennai 688 60
Hyderabad 353 41
Kolkata 139 50

PATENT STATISTICS SUMMARY (1ST OF JANUARY TILL DATE)

Total early publications 4,885
Total ordinary publications 16,300
Total applications published 21,185
Total grants in Delhi 5,267
Total grants in Mumbai 2,189
Total grants in Chennai 5,040
Total grants in Kolkata 2,206
Total Grants 14,702
Total applications examined 35,593

INDIAN INDUSTRIAL DESIGN STATISTICS

The design office has registered a total of 104 designs this week. The total designs registered from the 1st of January 2021 till date now adds to a total of 4,395 applications.

  • Total designs registered in the previous Week: 101
  • Total designs registered this Week: 104

Total designs registered from the 1st of January 2021 till date: 4,395

Data compiled by Jaya Pandey


About BIP’s Patent Attorneys

The patent news bulletin is brought to you by the patent division of BananaIP Counsels, a top patent and IP firm in India. 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.

This weekly patent news bulletin is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and back link to the source.

If you have any questions, or need any clarifications, please feel free to write to [email protected]

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to [email protected] for corrections and take down.

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Source: https://www.bananaip.com/ip-news-center/patent-activity-at-ipo-picks-up-this-week-patent-publications-increase/

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Patents

Patent law reform: Bundestag introduces principle of proportionality

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Following an overnight session, the German parliament (Bundestag) adopted reforms to its patent law early this morning. Core to the amendments are specifications on the provision of the automatic injunction. This always follows in German patent proceedings, if the court rules on a patent infringement.

The reform enables courts to apply the principle of proportionality in cases where injunctive relief would represent a disproportionate hardship to an alleged infringer or third parties. It also makes provisions to substitute compensatory payments for injunctive relief, instead of courts automatically handing out injunctions.

Thus, an express reference to the requirements of good faith now supplements section 139, sentence 3 of the German Patent Law. Judges must therefore also take into account the legitimate interests of the patent owner when assessing whether there is unjustified hardship precluding the right to injunctive relief.

Bundestag retains the reasonable

In sentence 4 on the patent owner’s claim for compensation, in the event that the injunctive relief is limited by way of exception, the law retains the word “reasonable” in the wording of the standard.

In determining the amount of the compensation claim, the court must account for the infringed party’s patent right being limited by the restriction of the injunctive relief. A patent infringer would then have to pay at least the amount that would be reasonable in the case of a contractual agreement.

In individual cases, the compensation may also be higher. For example, if an infringer fails to examine the patent situation with due care in advance.

Patent law takes stance against trolls

However, the law puts a stop to the use of injunctive relief by patent trolls. Previously, such trolls or NPEs used the injunctive relief to stop production. Market participants approve this measure.

Katerina Vojtechova, spokesperson litigation communications at Volkswagen Group, told JUVE Patent, “With the proportionality test for injunctive relief introduced by the Patent Modernisation Act, the legislature has sent a clear signal against patent trolls. The German government and the Bundestag have reached the necessary compromise with the modernisation. The reform is an important step for a fair and less abuse-prone patent law in Germany.”

Ludwig von Reiche, chair of the German group within European trade group IP2Innovate, says, “We also welcome the German parliament’s diligent effort in the context of the new law to explicitly proscribe the practice of patent assertion entities (also known as patent trolls) who acquire patents purely for the purpose of extorting excessive settlements under the threat of an impending injunction.”

Reform in line with EU

The reform brings Germany’s patent code more into line with applicable EU law. In particular, the reform better aligns with the Intellectual Property Rights Enforcement Directive. This calls for courts to apply the principle of proportionality to patent disputes.

The reform also advocates for better synchronisation of infringement and nullity proceedings. The Federal Patent Court, which is responsible for nullity proceedings, is to be better equipped in terms of structure and personnel. This is to give the infringement judges a preliminary opinion on the validity of a patent at issue after six months.

Background to the debate

On 27 January 2021, the German Bundestag first debated the Patent Modernisation Act. Among other things, the German patent law amendment is intended to better synchronise patent infringement and nullity proceedings. However, over the past two years, a possible weakening of the automatic injunction has caused excitement for technology companies and the legal industry.

In February, an alliance of technology companies, industry associations and research institutions publicly responded to the proposed amendments. The group, which comprised 3M, BASF, Bayer, Ericsson, Nokia, Qualcomm, Panasonic and Siemens, the German Chemical Industry Association, the Association of Research-Based Pharmaceutical Companies, IP Europe and the Fraunhofer Gesellschaft, opposed the government’s plans.

The alliance feared further restriction of the right to injunctive relief for patent holders and a weakening of the German patent system. According to the letter, the companies are concerned about maintaining Germany as a strong research location. They also wish to minimise any potential disruption to what they see as its well-balanced patent system.

Many experts consider the highly-experienced German patent judges and the automatic injunction imperative behind patent owners suing in Germany. (Co-authors: Amy Sandys and Mathieu Klos)

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Source: https://www.juve-patent.com/news-and-stories/legal-commentary/patent-law-reform-bundestag-introduces-principle-of-proportionality/

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