News 8/15

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...

Value of Trademarks Can Be Estimated In Monetary Terms: Delhi High Court

Divanshi Gupta

Nov 9, 2022

Value of Trademarks Can Be Estimated In Monetary Terms: Delhi High Court

Introduction Recently, in the case of Mr Sanjay Chadha Trading as M/s Eveready Tools Emporium v. Union of India & Ors., the Division...

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...

Abhinav Bhalla

Oct 26, 2022

Delhi High Court: Louis Vuitton successfully enforces rights in its LV (logo) marks.

Overview Recently, in the case of Louis Vuitton Malletier v. Javed Khan & Ors[1], the Delhi High Court decreed suit in favour of Louis...

Non-filing of Legal Proceedings Certificate does not disentitle the Plaintiff to seek an injunction

Abhinav Bhalla

Oct 18, 2022

Non-filing of Legal Proceedings Certificate does not disentitle the Plaintiff to seek an injunction

Overview The Division Bench of the Hon’ble Delhi High Court (“the Court”) vide its decision dated September 12, 2022 in the matter titled...

High Court holds non-reasoned refusal as “cryptic”, remands patent application for reconsideration

Nidhi Anand & Ankita Sabharwal

Oct 18, 2022

High Court holds non-reasoned refusal as “cryptic”, remands patent application for reconsideration

Introduction In a recent appeal filed before the Hon’ble High Court of Delhi in the case of Otsuka Pharmaceutical Co Ltd. VsThe...

Spectrum of distinctiveness: High Court clarifies criteria for inherent registrability

Swati Bhanot

Oct 11, 2022

Spectrum of distinctiveness: High Court clarifies criteria for inherent registrability

Facts of the case: In its order dated July 8, 2022, issued in Disruptive Health Solutions Private Limited vs Registrar of Trade Marks,...

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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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