Decisions 8/19

Overturning CCI's Jurisdiction: The High Court re-evaluates the role of CCI in Patent Cases

Nanki Arneja

Jul 24, 2023

Overturning CCI's Jurisdiction: The High Court re-evaluates the role of CCI in Patent Cases

In a landmark decision adjudicating three appeals and one writ petition, a division bench of the Hon’ble Delhi High Court has overturned...

High Court: For grant of well-known status, an Affidavit by way of Evidence is not mandatory

Divanshi Gupta

Jul 24, 2023

High Court: For grant of well-known status, an Affidavit by way of Evidence is not mandatory

INTRODUCTION In the recent case of Kamdhenu Ltd v. the Registrar of Trade Marks, the Delhi High Court held that in order for a...

High Court directs IPO to re-evaluate divisional application, stresses on examination of all claims

Surya Chauhan

Jul 24, 2023

High Court directs IPO to re-evaluate divisional application, stresses on examination of all claims

Introduction: In a significant legal development, in the case of Fisher and Paykel Healthcare Limited versus the Controller of Patents...

Laugh Out Loud, Legally: Copyright Considerations in Memes

Divanshi Gupta

Jul 12, 2023

Laugh Out Loud, Legally: Copyright Considerations in Memes

INTRODUCTION Memes have become a very common part of social media culture and a visual language for young consumers. The high engagement...

India: High Court overturns a refusal order, emphasizes the need to update IPO's Practice Manual

Aastha Joshi

Jul 10, 2023

India: High Court overturns a refusal order, emphasizes the need to update IPO's Practice Manual

Introduction: A recent decision by the Delhi High Court (hereinafter referred to as “the Hon’ble Court”), in AGFA NV & ANR. vs The...

High Court Emphasizes The Need To Re-Evaluate The Exclusions Under Section 3(K) Of The Patents Act

Gaurvi Arora

Jul 7, 2023

High Court Emphasizes The Need To Re-Evaluate The Exclusions Under Section 3(K) Of The Patents Act

INTRODUCTION On May 11th, 2023, the Hon’ble High Court of Delhi (hereinafter referred to as the “Hon’ble Court”) in its decision OpenTV...

Implications of India’s proposed data privacy landscape on the FinTech industry

Ankita Sabharwal

Jul 5, 2023

Implications of India’s proposed data privacy landscape on the FinTech industry

Introduction “We’re witnessing the creative destruction of financial services, rearranging itself around the consumer. Who does this in...

India: A glimpse of the Annual Report (2022-23) of the IP Division of Hon’ble Delhi High Court

Pallaash Shankhdhar

Jul 5, 2023

India: A glimpse of the Annual Report (2022-23) of the IP Division of Hon’ble Delhi High Court

INTRODUCTION The Intellectual Property Division of the Hon’ble Delhi High Court (hereinafter referred to as the “Hon’ble IPD”) recently...

High Court clarifies scope of celebrity publicity rights; allows use of celebrity names

Gaurvi Arora

Jun 28, 2023

High Court clarifies scope of celebrity publicity rights; allows use of celebrity names

INTRODUCTION On April 26th, 2023, the Hon’ble High Court of Delhi (hereinafter referred to as the “Hon’ble Court”) in its decision...

India’s position in the realm of digital privacy

Ankita Sabharwal

Jun 20, 2023

India’s position in the realm of digital privacy

Introduction “Privacy is not an option, and it shouldn’t be the price we accept for just getting on the Internet”, a well-contented quote...

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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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