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  • Pravin Anand and Gitanjali Bhatnagar, of Anand and Anand in New Delhi, explore the ethical concerns, legal spats and validity issues raised by licences in the IT industry, and look at potential overlaps with patent rights
  • India has only recently introduced product patents. Ramesh C Dhawan and Sunaina Koul of Lall Lahiri & Salhotra consider what impact the changes will have on multinational companies, the local industry and public health
  • India has come a long way in protecting biotech inventions in the past decade. But, argue Sanjay Kumar and Deepa Kachroo Tiku of Remfry & Sagar, more progress is needed
  • Advertising regulation involves the interaction of trade mark, copyright and competition law. Jatin Trivedi and Prateek Garg of YJ Trivedi & Co review decisions on what constitutes ''disparaging advertising'' in India
  • In the absence of specific regulations, the ownership of inventions made by employees is governed by common law in India. Essenese Obhan and Sumathi Chandrashekaran, of Obhan and Associates in New Delhi, examine what this means for employers and employees
  • Vietnam's regulations on the protection of plant varieties as stipulated in the current Law on Intellectual Property are fundamentally in compliance with the International Convention for the Protection of New Varieties of Plants, to which Vietnam is a party. However, the IP Law has some unclear issues regarding plant variety protection.
  • Registration on the USPTO's Principal Register offers valuable substantive benefits to a trade mark owner. However, certain marks – such as those that may be considered descriptive of certain features of the goods or services recited in the Application – are not eligible for registration on the Principal Register absent a showing of secondary meaning. If a trade mark owner is unable to obtain a registration on the Principal Register, there are still federal registration options available that can provide the owner with certain protections. One such option that a trade mark owner can consider is seeking registration on the PTO's Supplemental Register.
  • According to an article written by Judge Tsai, one of the eight judges of the IP Court, the approval rate for motions for evidence preservation orders (EPO) is lower than 20%.
  • Under current patent practice in the field of pharmaceutical inventions, it is required that a pharmaceutical invention be clearly defined by its pharmacological efficacy in terms of diagnosis, treatment, reduction and prevention of certain diseases. In exceptional cases, it is possible for a pharmaceutical invention to be defined by its pharmacological mechanism without clearly defining diseases for which the pharmaceutical invention is used.