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Stalin condemns scrapping of IPAB

Stalin condemns scrapping of IPAB
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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.

Chennai , Tamil-nadu , India , Intellectual-property-appellate-board , சென்னை , தமிழ்-நாடு , இந்தியா , அறிவுசார்-ப்ராபர்டீ-மேல்முறையீடு-பலகை ,

Centre's announcement on fertilizer prices a mere eyewash: Stalin

Centre's announcement on fertilizer prices a mere eyewash: Stalin
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This week in IP: Google v Oracle unpacked, EUTM celebrates 25th birthday, USPTO creates COVID award

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).

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5 appellate tribunals to be scrapped - Times of India

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 in settling cases.

Mumbai , Maharashtra , India , T-prashant-reddy , Lok-sabha , Conditions-of-service-ordinance , Airports-authority-of-india , Authority-for-advance-rulings , Intellectual-property-appellate-board , Tribunal-reforms , Advance-ruling , Income-tax-act

Late But Not Too Late | Submitting Post-Filing Data During Patent Prosecution in Selected Jurisdictions | Kilpatrick Townsend & Stockton LLP

To embed, copy and paste the code into your website or blog:
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 after the application is filed. Filing a series of provisional applications when data are available does not always remedy the problem. The applicant is left with a difficult decision - whether or not to convert the provisional application(s) into a PCT application (or other non-provisional applications). Further complicating this difficult decision is that not all jurisdictions treat post-filing data in the same manner; even in the same patent office, patent examiners do not treat all post-filing data the same way. This can cause confusion and uncertainty for companies seeking to obtain global patent portfolios.

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Rethink plan to abolish Intellectual Property Appellate Board: Industry groups

The board was set up in 2003 to hear appeals against decisions of the registrar under the Trade Marks Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Act, 1999.

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This week in IP: IPAB closure splits counsel, USPTO slams AI inventorship, King captures copyright win

Counsel split on IPAB
closure
While in-house and private practice counsel see the closure
of India’s Intellectual Property Appellate Board as an opportunity for wider
reform of the country’s overburdened judicial system, they have different views
on how that reform should be achieved, several revealed to Managing IP this
week.
While some say that the technical expertise of IPAB members has
been useful for IP owners, others argue that the huge delays in appointing
experts and members to the board have made the hearing process too arduous.
Mohit Patwardhan, legal and IP counsel at pharma company ACG
Group in Mumbai, says that because the courts are already overburdened, the

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Government plans on abolishing Intellectual Property Appellate Board

Government plans on abolishing Intellectual Property Appellate Board
medianama.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from medianama.com Daily Mail and Mail on Sunday newspapers.

Chennai , Tamil-nadu , India , Nirmala-sitharaman , Prashant-reddy , Lok-sabha , Supreme-court , Conditions-of-service , High-court , Intellectual-property-appellate-board , Tribunals-reforms , Minister-nirmala-sitharaman

This week in IP: Xiaomi-ETSI suit doomed, Senate IP chair changes, Peloton in a spin

In-house: Xiaomi stalling
for time with ETSI suit
Counsel from automotive and telecoms companies told Managing
IP this week that they believed Xiaomi was stalling for time with its bid at
the Paris Court of First Instance to force standards-setting organisation ETSI to
throw out Philips’ 3G and 4G patents.
They said that the case was a long-shot, at best, and that
it was in all likelihood doomed.
“The case is very interesting, but there is no hope here for
Xiaomi to get Philips excluded from ETSI,” says the head of IP and standards
for an international telecoms company. “It’s a very long-winded process and

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New bill proposes the abolition of India's troubled IPAB

New bill proposes the abolition of Indiaâs troubled IPAB
16-02-2021
More on this story
01-04-2013
A new draft bill from India’s Union Finance Minister proposes the closure of the country's Intellectual Property Appellate Board (IPAB).
As first reported by SpicyIP, The Tribunal Reforms (Rationalisation and Conditions of Service) Bill 2021, proposed by Nirmala Sitharaman and printed on February 12, suggests the abolition of the board and the transfer of its responsibilities to the commercial and high courts.
“With a view to streamline tribunals, the Tribunals Reforms Bill, 2021 is proposed to be enacted to abolish certain tribunals and authorities and to provide a mechanism for filing appeals directly to the commercial court or the High Court, as the case may be,” the bill reads.

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