Decisions 5/19

Copyright indemnification for AI users- Bane or a boon

Sanskriti Rastogi

May 10

Copyright indemnification for AI users- Bane or a boon

Generative AI technology is rapidly expanding across various platforms and applications, but this growth has also led to a surge in...

Ink to Ink: Copyright Protection for Fonts and Typefaces

Divanshi Gupta

Nov 29, 2023

Ink to Ink: Copyright Protection for Fonts and Typefaces

The menace of typeface piracy highlights the need for a well-defined jurisprudence concerning copyright protection of typefaces and fonts.

Safeguarding Legacy: Role of IPR in Preservation of Cultural Heritage

Sanskriti Rastogi

Nov 28, 2023

Safeguarding Legacy: Role of IPR in Preservation of Cultural Heritage

Each civilisation possesses a distinct persona of its own which is manifested in the form of cultural expressions and practices. From...

India: Divisional Patent Applications-Delhi High Court Clarifies The Scope

Nanki Arneja

Oct 25, 2023

India: Divisional Patent Applications-Delhi High Court Clarifies The Scope

This is a follow-up to our previous report (see here), wherein we reported that in an appeal filed by Syngenta Limited against a refusal...

Publicity Rights Shall Not Be Heritable: Delhi High Court Clarifies Stand On Posthumous Personality

Sanskriti Rastogi

Oct 3, 2023

Publicity Rights Shall Not Be Heritable: Delhi High Court Clarifies Stand On Posthumous Personality

INTRODUCTION Over time, personality rights have evolved into a distinctive branch of intellectual property. Consequently, celebrities are...

Delay Not a Defence Against Infringement, Plays a Pivotal Role in Ascertaining Extent of Harm

Alisha Rastogi

Sep 15, 2023

Delay Not a Defence Against Infringement, Plays a Pivotal Role in Ascertaining Extent of Harm

Introduction In the recent judgment in Modern Snacks Pvt Ltd vs Modern Foods Enterprises Pvt Ltd , pertaining to the use of the trade...

INDIA - High Court holds 'article' under the Designs Act must be capable of independent existence

Rachita Jain

Sep 13, 2023

INDIA - High Court holds 'article' under the Designs Act must be capable of independent existence

In a move that may have notable ramifications on the registration of designs in India, the Hon’ble Delhi High Court, in HERO MOTOCORP...

'PRODUCT-BY-PROCESS' CLAIMS: VIFOR'S PATENT DISPUTE TAKES NEW TURN WITH DIVISION BENCH’S PERSPECTIVE

Surya Chauhan

Sep 11, 2023

'PRODUCT-BY-PROCESS' CLAIMS: VIFOR'S PATENT DISPUTE TAKES NEW TURN WITH DIVISION BENCH’S PERSPECTIVE

Introduction Three suits were filed by Vifor (International) Limited (hereinafter referred to as Vifor), the Patentee, a Swiss company,...

Architectural Works in the Intellectual Property Regime

Alisha Rastogi

Sep 11, 2023

Architectural Works in the Intellectual Property Regime

Introduction With the ever-evolving paradigms of visual depiction, what constitutes protection of origin is a dynamic concept. It is...

Practical approach to Non-Working Patent: High Court balances interests and industry’s needs

Aastha Joshi

Sep 3, 2023

Practical approach to Non-Working Patent: High Court balances interests and industry’s needs

Introduction: In an order dated August 04, 2023, the Hon’ble Delhi High Court (hereinafter referred to as “the Hon’ble Court’’) has...

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Cinematography Redefined: Analysing Cinematography (Amendment) Bill, 2023

INDIA: HC clarifies jurisdiction of revocation petitions and power to transfer cases between Courts

Madras HC notifies dedicated Intellectual Property Division for hearing IP Matters

From refusal to grant: India Patent Oﬃce grants a patent after the High Court orders reconsideration

INDIA: HC issues directions in view of the recurrent unreasoned orders passed by the Patent Office

HC holds no flexibility for filing request for extension to file national phase patent application

India: Draft Patent (Amendment) Rules, 2023 published, comments invited from Stakeholders

Digital Health

Redbull's fight for “wings”; IPAB dismisses Red Bull’s petition for not being a “Person Aggrieved”

IPAB holds claims of divisional must be derived from claims of parent (not just from specification)

Madras High Court Emphasizes Procedural Fairness and Natural Justice in Patent Proceedings, Sets Aside Refusal Order

SOWING INNOVATION, REAPING RIGHTS: Revisiting Section 3(h) in Syngenta case

Protecting Patent Rights from Procedural Lapses: Key Takeaway from Bry-Air vs. Union of India

Navigating the Trademarkability Of Film Titles Through Judicial Interpretation

BEYOND BORDERS: THE JOURNEY OF THE 'MOLTY' MARK

INDIA - Understanding the traditional characteristics of Section 3(p) of the Indian Patents Act

From Reality to Virtuality: Trademark Challenges and Protection in the Metaverse

Brewed Confusion: Similar Label and Trademark Infringement

ZITA-MET Versus XIGAMET: High Court reiterates position on Trademarks and Pharmaceutical Products

Regulating The Conduct of Patent Agents in Light of Instances of Negligence

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