Discussion Paper 3/17

INDIA UPDATE: IPO releases FAQs to clarify the provisions of the Working Statement Requirement under the Patents (Amendment) Rules, 2024

Shivarpita Nailwal

Aug 28

INDIA UPDATE: IPO releases FAQs to clarify the provisions of the Working Statement Requirement under the Patents (Amendment) Rules, 2024

The IPO has released FAQs to guide Patentees and Licensees regarding the recent requirement for filing “Statement of Working” (Form 27/WS).

Juice Wars: Dabur’s Trademark Case Against Dhruv Rathee

Drsika Bhutani

Aug 28

Juice Wars: Dabur’s Trademark Case Against Dhruv Rathee

Calcutta High Court's approach in the Dabur v. Dhruv Rathee case demonstrates commitment to protecting IP rights, especially online.

Preserving the Palate: Protection of Culinary Creations under the IP Landscape

Sanskriti Rastogi

Aug 27

Preserving the Palate: Protection of Culinary Creations under the IP Landscape

This article analyzes the protectability of the distinct culinary creations under the domain of Intellectual Property Rights.

Navigating the Copyright-Copyleft Continuum in the Digital Age

Prabhsimran Kaur

Aug 23

Navigating the Copyright-Copyleft Continuum in the Digital Age

Introduction In the ever-evolving realm of Intellectual Property Rights, the concepts of copyright, copyleft and open source have...

Prior Use and Fair Competition Prevails Over Well-Known Status- The Delhi High Court Rules Against VANS Inc.

Vrinda Harmilapi

Aug 23

Prior Use and Fair Competition Prevails Over Well-Known Status- The Delhi High Court Rules Against VANS Inc.

The Delhi High Court rendered a consequential decision in the matter of VANS Inc. v. FCB [1] . The Court’s decision in this trademark...

COLOSSAL DAMAGES AMOUNTING TO USD 26 MILLION AWARDED IN A PATENT INFRINGEMENT SUIT: DELHI HIGH COURT

Pallaash Shankhdhar

Aug 22

COLOSSAL DAMAGES AMOUNTING TO USD 26 MILLION AWARDED IN A PATENT INFRINGEMENT SUIT: DELHI HIGH COURT

With the outset of securing the rights of a patentee, the Delhi High Court recently imposed colossal damages amounting to USD 26 million.

A Predictable Progression In A Technology Does Not Constitute An Inventive Step: Delhi High Court

Pallaash Shankhdhar

Aug 21

A Predictable Progression In A Technology Does Not Constitute An Inventive Step: Delhi High Court

In a patent infringement suit, the Delhi High Court held that logical progression from the prior art does not encompass an inventive step.

Delhi High Court Upholds Trade Mark Rights and Addresses Unconventional Defenses

Kanika Bansal

Aug 16

Delhi High Court Upholds Trade Mark Rights and Addresses Unconventional Defenses

Introduction Recently, the Delhi High Court rendered a landmark judgment in the trade mark infringement case of Adidas AG v. Keshav...

Delhi High Court Delineates First Sale Doctrine in the Hershey’s Case

Vrinda Harmilapi

Aug 16

Delhi High Court Delineates First Sale Doctrine in the Hershey’s Case

The Delhi High Court clarified the scope of the ‘first sale’ doctrine and addressed allegations of sale of repackaged expired chocolates.

Caution notice for unauthorized use of Chadha & Chadha’s name, trade mark, and address by third parties in emails including e-mails alleging infringement of copyright

Sonal Madan

Aug 12

Caution notice for unauthorized use of Chadha & Chadha’s name, trade mark, and address by third parties in emails including e-mails alleging infringement of copyright

It has been brought to the attention of the firm that certain unidentified individuals are sending copyright infringement notices via...

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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)

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

Registration Not a License to Monopolize: Prior Use Trumps Trademark Rights

In the Ring: 'BOROLINE' Scores a Knockout Against 'BOROBEAUTY’

CONTEMPT OF COURT UNVEILED: PIDILITE v. PREMIER STATIONERY – A CASE OF DEFIANCE AND ENFORCEMENT

A CONTRASTIVE ANALYSIS OF COMPARATIVE ADVERTISING IN INDIA & USA

Smells Like Trouble, Yet No Trademark Battle? - Scent Dupes And Their Legal Conundrum

OTT Platforms and Breach of Their IP Rights By “Cyberlockers”

INDIA: HIGH COURT REASONS AGAINST UNREASONED ORDERS BY THE IPO

Fashion Thrifting and the Intellectual Property Rights Landscape

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