News 11/15

India: Delhi High Court rules on the scope of permissible claim amendments in patent applications

Mansi Goel

Aug 18, 2022

India: Delhi High Court rules on the scope of permissible claim amendments in patent applications

In a recent judgment passed by the Hon’ble Delhi High Court (hereinafter ‘the Court’) in the matter of Nippon A&L Inc. vs. The Controller...

The Indian patent office resolves to settle over 200k trademark cases by 2025

Ankita Sabharwal

Aug 10, 2022

The Indian patent office resolves to settle over 200k trademark cases by 2025

The Controller General of Patents, Designs, and Trademarks (CGPDTM) vide a public notice dated August 01, 2022 has notified its special...

Gems Versus James Bond: Delhi High Court Reinforces Test On Deceptive Similarity

Vrinda Sehgal

Aug 3, 2022

Gems Versus James Bond: Delhi High Court Reinforces Test On Deceptive Similarity

Introduction In the case of MONDELEZ INDIA FOODS PVT. LTD. AND ANR. v. NEERAJ FOOD PRODUCTS, the Delhi High Court granted a permanent and...

Trade Variants Of Existing Design May Not Be Sufficient To Claim New Design Protection

Vrinda Sehgal

Jul 29, 2022

Trade Variants Of Existing Design May Not Be Sufficient To Claim New Design Protection

Recently in the case of Philips Lighting Holding B.V. v. Jai Prakash Agarwal And Anr.[1], the Delhi High Court refused to grant an...

“HELL” Yes!: Delhi High Court Awarded Damages For Trademark Infringement After Settlement Failed

Vrinda Sehgal

Jul 29, 2022

“HELL” Yes!: Delhi High Court Awarded Damages For Trademark Infringement After Settlement Failed

Introduction Recently in the case of HELL ENERGY MAGYARORSZAG KFT v. SHRI BRAHM SHAKTI PRINCE BEVERAGES PVT. LTD., the Delhi High Court...

INDIA: DELHI HIGH COURT RULING ON DIVISIONAL APPLICATION

Shivarpita Nailwal

Jul 28, 2022

INDIA: DELHI HIGH COURT RULING ON DIVISIONAL APPLICATION

The Delhi High Court recently, in its judgement dated July 20, 2022, refused a patent appeal filed by Boehringer Ingelheim International...

Domain Name Registrars must establish anti-abuse mechanism, rules Delhi High Court

Ankita Sabharwal

Jul 21, 2022

Domain Name Registrars must establish anti-abuse mechanism, rules Delhi High Court

In a recent trademark infringement suit involving the mark 'SNAPDEAL'[1] and its formative marks, the Delhi High Court has taken an...

Reinforcing the test of unwary Consumer: Facebook versus Facebake

Ankita Sabharwal

Jul 14, 2022

Reinforcing the test of unwary Consumer: Facebook versus Facebake

In a recent trademark infringement suit[1] filed by the social media giant Meta (formerly known as Facebook), the Delhi High Court has...

High Court allows sale of existing stock of medicines in a trademark dispute citing Public Interest

Ankita Sabharwal

Jul 12, 2022

High Court allows sale of existing stock of medicines in a trademark dispute citing Public Interest

In a recent trademark dispute[1], the Delhi High Court permitted the Appellant to sell its existing stock (pending further orders)...

India leads way to secure patent for one of its kind “digital vaccine” platform

Ankita Sabharwal

Jun 28, 2022

India leads way to secure patent for one of its kind “digital vaccine” platform

“There is no greater need than for frontier technologies like neural networks, metaverse, NFTs, neurocognitive computing, AI, vaccines to...

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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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