Discussion Paper 11/18

High Court Awards Damages of INR 2 crore Against Habitual Cyber Squatter

Neetika Gandhi

Dec 5, 2022

High Court Awards Damages of INR 2 crore Against Habitual Cyber Squatter

Introduction The Hon’ble High Court of Delhi in the case of Adobe, Inc. V. Namase Patel and Ors.[1] issued a permanent injunction...

DELHI HIGH COURT PROTECTS PERSONALITY RIGHTS OF THE LEGENDARY HINDI FILM ACTOR “AMITABH BACHCHAN”

Abhinav Bhalla

Dec 1, 2022

DELHI HIGH COURT PROTECTS PERSONALITY RIGHTS OF THE LEGENDARY HINDI FILM ACTOR “AMITABH BACHCHAN”

Introduction In the sphere of intellectual property jurisprudence, publicity rights have gained significant prominence over the last few...

The Changing Climate Around Green Trademarks

Alisha Rastogi

Nov 29, 2022

The Changing Climate Around Green Trademarks

Introduction Green trademarks aim to promote sustainable development in the commercial dynamic and encourage the evolution of a business...

High Court: Mere advertisement cannot create territorial jurisdiction in Trademark Disputes

Kritika Gandhi

Nov 24, 2022

High Court: Mere advertisement cannot create territorial jurisdiction in Trademark Disputes

Introduction The Hon’ble High Court of Delhi in the case of Hari Ram And Sons vs Vivek Purwar & Anr.[1] held that the trial court's...

Plea of Invalidity: Court Clarifies Statutory Provision For Stay Of Infringement Proceedings

Vrinda Sehgal

Nov 22, 2022

Plea of Invalidity: Court Clarifies Statutory Provision For Stay Of Infringement Proceedings

Introduction Recently in the case of Travellers Exchange Corporation Limited v. Celebrities Management Private Limited[1], the Delhi High...

INDIA: High Court examines the patentability of atomic energy-based inventions

Ashee Singh & Ankita Sabharwal

Nov 21, 2022

INDIA: High Court examines the patentability of atomic energy-based inventions

Introduction The Hon’ble High Court of Bombay in the case of Ceres Intellectual Property Company Limited v/s. The Controller of Patents,...

High Court elaborates on procedural fairness in the context of the Patents Act

Sachet Sahni

Nov 16, 2022

High Court elaborates on procedural fairness in the context of the Patents Act

The Hon’ble High Court (“the Court”) in the matter of FMC Corporation V. Assistant Controller of Patents and Designs, set aside the...

Pharma Trademarks Are A Different Species: Court Rejects Appeal Against Mark Derived From Same INN

Vrinda Sehgal

Nov 14, 2022

Pharma Trademarks Are A Different Species: Court Rejects Appeal Against Mark Derived From Same INN

Introduction Recently in the case of Sun Pharmaceuticals Ltd v. Hetero Healthcare Ltd. & Anr., the Delhi High Court rejected an appeal...

High Court rules Applicants to not suffer for the fault or negligence of the Patent Agent

Shivarpita Nailwal & Ankita Sabharwal

Nov 4, 2022

High Court rules Applicants to not suffer for the fault or negligence of the Patent Agent

The Hon’ble High Court of Delhi in the case of Bry-Air Prokon Sagl & Ors. vs Union Of India & Anr.[1], ordered restoration of patent...

A reasoned patent refusal order is ingrained in principles of natural justice: High Court

Sachet Sahni

Nov 3, 2022

A reasoned patent refusal order is ingrained in principles of natural justice: High Court

The Hon’ble High Court (“the Court”) in the matter of Auckland Uniservices Limited V. Assistant Controller of Patents and Designs, set...

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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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