Stalin condemns scrapping of IPAB
By IANS |
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Chennai: DMK President and Leader of Opposition M.K. Stalin arrives to cast his vote for the second phase of 2019 Lok Sabha elections in Chennai, on April 18, 2019. . Image Source: IANS News
Chennai, April 10 : DMK President M.K. Stalin on Saturday condemned the central government s decision to scrap the Intellectual Property Appellate Board (IPAB) located here.
In a statement issued here, Stalin said the central government should form public sector enterprises, but the current BJP government is scrapping or selling off the existing organisations.
He said the appellate boards reduce the load on the courts and also render speedy justice.
Centre s announcement on fertilizer prices a mere eyewash: Stalin
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Google v Oracle SCOTUS ruling
Managing IP spoke to four in-house counsel about the impact of the US Supreme Court’s ruling in
Google v Oracle, from Monday, April 5.
The court ruled that Google’s use of Oracle’s code was fair – in a decision that concluded a decade-long battle between the two businesses.
Sources said that the ruling was good for the software industry, but they disagreed on whether the court got the details right.
Some attorneys, for example, thought that the court made the right move in declining to rule on the copyrightability of application programming interfaces (APIs).
5 appellate tribunals to be scrapped
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5 appellate tribunals to be scrapped
Rupali Mukherjee / TNN / Updated: Apr 6, 2021, 08:48 IST
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(Representative image)
MUMBAI: The government promulgated an ordinance on April 4 to dismantle five appellate tribunals, including Intellectual Property Appellate Board (IPAB), which takes up disputes between companies on intellectual property, across fields of technology, engineering and pharmaceuticals.
The Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021 scraps IPAB, among other tribunals, with effectively now high courts expected to take up disputes of patents, trademarks and geographical indications, while copyright matters will be heard in commercial courts.
The move, which has come as a shock in legal circles, is possibly being done after the earlier plan of scrapping IPAB through the legislative route was strongly opposed, experts say, adding that it may lead to delays
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Intellectual Property counsel often face the dilemma of when to file a patent application: as soon as possible, or wait and gather more support? Filing an application “early” helps to avoid anticipatory prior art but if the application is filed too early, the applicant may risk rejections during examination for lack of supportive evidence.
On the other hand, if the application is filed too late, the applicant may lose the priority date. This is especially problematic for biopharma industry applicants where on one hand, these data are often critical for securing a patent; on the other hand, the research and development cycle is long and generating experimental and clinical trial data require significant resources and time to obtain, and business and financial reasons can also render it difficult to predict when the data will become available. Frequently supporting data and related information are not available until af
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