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Understanding the Indian Biological Diversity law, and its implications for Patent Applications involving Biological Resources

Selvam & Selvam Blog

India’s commitment to conserving its rich biodiversity is reflected in the Biological Diversity Act (BDA) of 2002. India, as a signatory to the CBD, enacted the Biological Diversity Act, 2002, to align its national policies with the CBD’s objectives.

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MPA: Openload Piracy Investigation Hit “Dead End” Due to Fake Customer Info

TorrentFreak

The means to achieve this goal are available in the Electronic Commerce Regulations 2002 but currently there’s no enforcement.

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IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright

SpicyIP

Under the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 (SARFAESI), every financial institution has to r egister security interests with CERSAI, thus even though there is no specialist register, banks can access the CERSAI and see whether any prior interests exist over the property.

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Synergy Between Ipr And E-Commerce Platforms

IIPRD

13] It has specifically mentioned provisions about the mandate of exercising due diligence and caution while detecting such shams. The exception here is that due diligence must be exercised by them. Furthermore, Rule 3 of IT [16] Act similarly specifies for due diligence. In the case of Tiffany v.

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Trade mark ownership: As easy as A-B-C?

LexBlog IP

More times than not, issues of ownership come to a head when it is time to apply for a trade mark registration, engage in due diligence to raise funding or sell, or when a business needs to enforce its trade mark rights. At this point, it may be too late!

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Court Grounds Copyright Frequent Flyer Over Statute of Limitations

Copyright Lately

In 2002, Sohm was heavily criticized by the Ninth Circuit in Starz v. Under the discovery rule, an infringement claim does not “accrue” until the copyright holder discovers, or with due diligence should have discovered, the infringement. In 2020’s Sohm v.

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Do Indian Scientists Need to Worry about CRISPR Licences?

SpicyIP

In the wake of Anurag Chaurasia’s (paywalled) Nature piece cautioning Indian scientists to conduct due diligence before using CRISPR gene editing tools, Prashant Reddy T looks closely at the patent issues raised by Chaurasia in his paper. As a result, in 2002 , India amended Section 3(j) to create an exception for microorganisms.

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