IPR Amicus, August, 2015 covers an article titled ‘Make in India meets the Biological Diversity Act’. This article explains about the nation-wide initiative of the Government of India launched in September 2014. It also analyses the importance of having harmonization among the workings of the National Biodiversity Authority, State Biodiversity Boards and the IPO to promote organic growth and improvement of the socio-economic status of its people.
Ratio Decidendi section of this issue covers Madras High Court judgment holding that IPAB is vested with powers to regulate its own procedure like a Civil Court under Code of Civil Procedure, particularly for the purpose of receiving evidence. Further, IPAB ruling that order passed pursuant to the directions given by High Court treating the pre-grant opposition as a review petition is appealable, is also covered under this section of IPR Amicus.
This month’s issue also includes a section “Patent Office Decisions” summarizing a few important decisions like - Composition having one active pharmaceutical substance along with stabilizers is not a ‘combination’; Section 3(j) of the Patents Act is not applicable in case concerning mixture of powdered herbs or extracts; Amendment in national phase application after international PCT application is not permissible.
The United States Court of Appeals for the Federal Circuit (CAFC) will shortly decide whether data sets transmitted electronically are ‘articles’ that infringe and this news is reported under News Nuggets section of this issue.
August, 2015/Issue-49