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Upcoming: Free Webinar on Patent Process and Strategy – Session 3 of the Master Class on IP by BananaIP and NASSCOM’s KTech CoE on Data Science

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Upcoming: Free Webinar on Patent Process and Strategy – Session 3 of the Master Class on IP by BananaIP and NASSCOM’s KTech CoE on Data Science

Register for Session 3 of the Free Masterclass on Intellectual Property by BananaIP and NASSCOM

The Certificate Master Class  on IP by BananaIP Counsels and NASSCOM’s KTech CoE on Data Science  has completed two weeks, and the third session is coming up this week on 10th June, 2021 (Thursday). During this session, reputed patent attorneys from BananaIP will cover the patent process and related strategic options for businesses. You may register for the session for free at this link: here

What will this session cover?

With primary focus on patent procedure and related strategies for businesses, this Session will cover:

  • Preparing patent documents;
  • Patent filing;
  • National Patent Filing and International Patent Filing;
  • Patent Examination/Prosecution;
  • Indian Patent Process; PCT Filings and Process;
  • Handling Oppositions and Revocations;
  • Budgeting for Patent Filings Nationally and Internationally;
  • Managing Patent Applications and Files;
  • Patent Compliance and Audits; and Building Patent Portfolios

Strategic Inventor – Free AI Tool to Draft Patents

During the session, a short presentation will also be given on BananaIP’s AI tool for patent drafting (Strategic Inventor). The application has been made available by BananaIP for free, and companies seeking to draft patents on their own may use it. You may learn more about the tool at this by clicking here or by visiting www.strategicinventor.com.

Session Faculty

This session will be conducted by some of the well known patent attorneys at BananaIP Counsels. The Session will be delivered by Ms. Vinita Radhakrishnan (Senior Partner (Biosciences, Pharma and Medical Tech Patents) and Mr. Gaurav Mishra (Managing Associate, Patents and International Filings).

Ms. Vinita Radhakrishnan is a Senior Partner at BananaIP Counsels and an internationally recognized life sciences, pharma, medical technology and traditional medicine patent agent/attorney; Ms Vinita works with a portfolio of clients across the world on international patent strategy, filing and protection

Mr. Gaurav Mishra is Senior Associate and Patent Attorney at BananaIP Counsels and has a significant experience in patent practice and process before the Indian patent office as well the International Bureau of World Intellectual Property Organization.

Like the previous sessions, BananaIP’s team of partners and associates will answer questions of participants during the session.

Session 2 Feedback

The session on patentability and patent searching delivered by Mr. Nitin Nair received a rating of 4.4 on 5. Close to 100 questions were answered during the session, and the feedback of participants reflects their satisfaction with the session.

Select Comments of Participants

“It was a great session! Looking forward to the next session”.

“Excellent session. Thanks to the faculty, very informative. Examples helped understand the subject well”.

“The concepts were quite clear and learnt that how crucial it is to be helped by a patent attorney while going ahead with the patenting process”.

“Practical and insightful”.

Register for Session 3

You may register for Session 3 at this link – here.

This event is supported by StartUp Karnataka, India AI and IT/BT Department, Government of Karnataka.

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Source: https://www.bananaip.com/ip-news-center/upcoming-free-webinar-on-patent-process-and-strategy-session-3-of-the-master-class-on-ip-by-bananaip-and-nasscoms-ktech-coe-on-data-science/

Patents

New Finnish beer brewed from goose droppings

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Economy without waste, this Finnish brewery has tried by producing a beer from goose droppings.

We find ourselves in Finland, more precisely in Lahti, which is set to become the Green Capital of Europe in 2021, where the Ant Brew brewery has created a robust beer whose smoking is done using goose droppings (the droppings are then used to smoke the malt, stouts are in fact beers with a smoky taste). 

Despite the fact that breweries have been using various “special” ingredients for more than 40 years, such as pepper spray, fried chicken and so on, this handcrafted beer produced with the help of geese, or rather their droppings, is astonishing.

Kari Puttonen of Ant Brew got the idea from the capital itself, against all kinds of waste, but also in support of a good cause, cleaning up the local parks of the goose droppings that had long been causing discontent and problems. 

This production is part of a project called Wasted Potential, which includes a series of beers also made from wild herbs or food waste, as well as the much anticipated Imperial Stout!  

In any case, the brewery has made it clear that the curious and malt lovers who want to sip green beer will have to wait a while. At the moment Ant Brew is launching the other beers in the project, with Imperial Stour expected to be released after the summer.

The first beer to be released in the series, also inspired by the circular economy with no food waste, is brewed using waste from the peels of the local orange juice press and the best pomegranate and fig puree. 

Wasted Potential

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Trade with the Official CFD Partners of AC Milan
Source: https://www.thepatent.news/2021/06/14/new-finnish-beer-brewed-from-goose-droppings/

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Patents

Latest Patent Cases in 2021 – Part 2

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Latest Patent Cases in 2021 – Part 2

Latest Patent Cases in 2021 - Part 2

Merck Sharp And Dohme Corp & Anr vs Yms Laboratories Private Limited

In this case, the plaintiff, owner of patents pertaining to Sitagliptin and its derivative salts, filed an infringement suit against the defendant. The plaintiff prayed for an Ad Interim Injunction during the pendency of the suit. After reviewing the facts presented, the Court granted an Exparte Ad Interim Injunction as the plaintiff made out a prima facie case. The plaintiff in the case submitted evidence to show that the defendant was planning to launch an infringing product under the brand ‘Stallip – m,’
which enabled it to get the Exparte injunction.

Citation: Merck Sharp And Dohme Corp & Anr vs Yms Laboratories Private Limited, Decided by Delhi High Court on 31 May, 2021, available at: https://indiankanoon.org/doc/56196795/?type=print.

Fmc Corporation & Anr. vs Natco Pharma Limited

The patent holder (plaintiff) in this case held two patents covering the product and process to make Chlorantraniliprole (“CTPR”), an insecticide.
The patents were species patents that were claimed in markush claims of an expired patent that covered several species along with the patents in question. When the plaintiff filed this suit for patent infringement of its CTPR patents, the defendant countered that the patents are invalid because they were covered in a prior patent. In response, the plaintiff argued that though the species were covered, they did not form part of the patent disclosure.

In this particular order, the Court dealt with an application filed by the defendant to permit launch of its products pending the suit and applications for interim injunctions. After hearing the parties, the Court came to the conclusion that such a permission may not be granted taking into consideration the fact that damages from patent infringement are not always calculable. It also pointed out that non-disclosure in a prior patent not be fatal to subsequent patents though they are covered in the earlier patent.
The Court in the case also did not see the need to permit the sale of the products in furtherance of public interest.

Citation:Fmc Corporation & Anr. vs Natco Pharma Limited, Decided by the Delhi High Court on 19 May, 2021, available at: https://indiankanoon.org/doc/95815021/.

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Source: https://www.bananaip.com/ip-news-center/latest-patent-cases-in-2021-part-2/

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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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