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Patent Litigation

Patent litigation is always a complex task and involves huge expenses and may take years for the issues to be resolved. Whether a patent to be enforced or challenged is an important event to decide and it counts over the company’s overall business goals and strategies.

Before enforcing a patent, a company should take into account a number of issues, for example, if there is any infringement, what could be the possible remedies, the costs in pursuance with the infringement versus the costs if not pursued, what could be the probable counter claims would have been raised by the defendant etc . With the possibility of facing a similar law suit, a company, being a defendant, may procure a similar list of issues of consideration for determining the procedure for responding the possible law suit. In both of the cases, it is very important to involve or recruit a patent litigating counsel/a specialized firm and seek useful consultations.

As the process of patent litigation is very expensive may take years to resolve the issues related to the litigation, it is not a prudent decision to challenge or enforce a patent without rigorous and thorough accountability process and due diligence with specialties. The strategy, mission and vision statement of the company, the business goals…all these must be taken into account before a decision to file a suit of patent litigation  is conceived.

CORNISH PASTY NAME GIVEN EUROPEAN PROTECTED STATUS

The term "Cornish pasty" has been given protected status by the European Commission. Pasties made only in Cornwall from an established traditional recipe can now be called "Cornish pasties", according to the Cornish Pasty Association (CPA).

Authentic Cornish pasties will now be marked with a special logo because of the Protected Geographical Indication (PGI) tag ............
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GOVERNMENT PROPOSES COMPULSORY E-FILING OF PATENTS

The Indian government in its effort to bring transparency and efficiency in the filing of patents, has proposed to amend the Patent Rules and make e-filing of applications compulsory. The e-filing of patent & trademark applications was launched on July 21, 2007.

The commerce ministry's Department of Industrial Policy & Promotion (DIPP) has prepared a draft proposal and asked sought suggestions from stakeholders to amend.
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JOY CREATORS RESTRAINED FROM USING P&G'S 'TOTAL EFFECTS' TRADEMARK

The Delhi High Court has held back Joy Creators from using the term 'Total Effects' on its products. The Court found that the words were similar to Procter & Gamble's (P&G) registered trade mark- Olay Total Effects.

The multinational company had filed a petition seeking directions to Joy Creators to not use its trade mark 'Olay Total Effects' or any other deceivingly similar mark and questioned their unfair intentions to benefit from an established brand.............more