Vishnumohan Rethinam REMFRY &

SAGAR, Partner

Recent IP Developments in India

“INDIA – THINGS TO KNOW ABOUT

& WHAT‘S ON THE ANVIL”

3Vishnumohan Rethinam

Life Sciences • The Department of Pharmaceuticals is seeking

views of different ministries on price regulation ofpatented drugs.

• Simultaneously, the Ministry is checking ifprovisions on compulsory licences under the PatentsAct need to be changed to be used as a tool to setoff effect of high prices under certain limitedcircumstances.

• The Patent Office has recruited around 60examiners in this area to tackle pendency of cases.

Copyright• Copyright Office brought under the ambit

of Department of Industrial Policy andPromotion of the Ministry of Commerceand Industry (earlier under Ministry ofHuman Resource Development)

• Copyright Office is in the process ofdigitizing its records and shifting to a newoffice premises in New Delhi.

Trade Marks India joins TM Class; proposed amendments to Trade Marks Rules;

Mediation for pending oppositions;

Issuance of Electronic Registration Certificates;

Automation of process relating to registration, renewal etc;

Intellectual Property in Limelight

Social…IPO!

Commercial Courts

1. Formation of Courts: @ district level and in High Courts having original jurisdiction and having Commercial Appellate Divisions presided by High Court Judges

2. Jurisdiction: dedicated courts for commercial (including IP) disputes where value of subject matter exceeds INR 10 million (about USD 150,000)

3. Salient Features:

case management hearing; trial and final arguments within six months thereof ; judgment within ninety days of final arguments; revision petitions not allowed; evidence to be recorded on day to day basis; appeals to be disposed of in six months; costs (including legal fees) to be paid by unsuccessful party

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