ArticleBBC Settles A Suit Before The Delhi High Court Mediation And Conciliation CentreRecently, in the case of The British Broadcasting Corporation vs Kuldeep Singh Kalra & OrsIndiaIntellectual PropertyS.S. Rana & Co.
ArticleCourt Upholds Right Of Patentee To Prevent Third PartiesOne of the universally accepted criterions for the grant of patent is that it should not be obvious to a person skilled in the art. Accordingly, Section 2 (ja) of the Indian Patents Act, 1970 while defining inventive step mandates that the invention should not be obvious. In K.Ramu v. Adyar Ananda Bhavan Muthulakshmi Bhavan 2007 (34) PTC 689 (Mad) the defendant raised the question of obviousness of two inventions in a patent infringement action. IndiaIntellectual Property
ArticleDeccan Declined: Trial Court Order UpheldThe prevailing intellectual property scenario is infused with litigation hovering around the well-established tenets of deceptive similarity and passing off. IndiaIntellectual PropertyLex Orbis
ArticleDelay In Instituting Passing Off Action Not CondonableMacleods Pharmaceuticals Ltd., moved an ad-interim application for the action of passing off under the provisions of Trade and Merchandise Marks Act, 1999, where in the Macleods Pharmaceuticalss sought an injunction from the court, to restrain the Tidal Laboratories from using the impugned trade mark "Rabemax" or any other mark bearing similarity to the Macleods Pharmaceuticals’s mark "Rabemac". IndiaIntellectual PropertyLex Orbis
ArticleDelhi High Court's Take On Copyright Of An Architect In An Architectural StructureThis interpretation of the Court favours redevelopment, town planning, reconstruction and ultimately progress- technological as well as economical.IndiaIntellectual PropertyR. K. Dewan & Co
ArticleDelhi High Court Clarifies The Extent Of ‘Safe Harbour' Provisions For IntermediariesOn 2 November 2018, the Delhi High Court (High Court), in Christian Louboutin SAS v Nakul Bajaj and Others (Civil Suit No. 344/2018) has laid down certain guiding principles in respect of liability of e-commerce platforms ...IndiaIntellectual PropertyKhaitan & Co.
ArticleDLF Granted Injunction Over Infringement Of The Mark ‘EMPORIO'Hon'ble Delhi High Court, in the case of DLF Limited vs. Rediff.Com India Ltd. & Ors, granted an ad interim injunction in favour of DLF Limited, restraining Stanley Lifestyles Ltd. from using the mark...IndiaIntellectual PropertyS.S. Rana & Co.
ArticleD´zine Garage Successful In Its Legal DesignThe trade name we use and the mark we see is what lends uniqueness to a trademark. To facilitate this, not only do establishments create patterns and designs, but also play with words, creating expressions that one may not have else put to normal usage.IndiaIntellectual PropertyLex Orbis
ArticleEight Months Use Of A Mark Prior To Application –Claim Of Concurrent Use Not ValidThe case of Needle Industries (India) Ltd. v. Super Thread Industries & Ors 2007 (34) PTC 614 (IPAB) started when Super Thread Industries/Respondents filed an application in 1988 for registration of the mark "PONY" in class 23 in respect of yarns and threads.IndiaIntellectual PropertyLex Orbis
ArticleEvasive Tactics In Infringement Checked With Punitive DamagesOne of the frequently adopted tactics employed by the defendant is non-appearance or evasion of Court proceedings. Retention of account is one of the major grounds for relief and the most celebrated way of avoiding the same is through non-appearance. But, presently the Judiciary has formulated principles to place check on these tactics.IndiaIntellectual PropertyLex Orbis
ArticleH&M Wins Injunction Based On Prior Adoption AbroadIn H&M; Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors/ IA-7259/2016 (May 31, 2018), the High Court of Delhi, issued a permanent injunction against the defendants HM Megabrands Pvt. Ltd & Ors., ...IndiaIntellectual PropertyR. K. Dewan & Co
ArticleIs Abolishment Of IP Appellate Board A Right Decision By Government?IPAB which was authorized to hear appeals against the decisions of the Registrar in matters related to Trademarks, Patents, Copyright, Geographical Indications, and Plant Varieties has been abolished ...IndiaIntellectual PropertyS&A Law Offices
ArticleLack Of Jurisdiction: Shaw Wallace´ Plaint ReturnedJurisdiction is undoubtedly the most important consideration while filling a suit. Being, a subject incorporated in the Civil Procedure Code, 1908 the issue presented itself forth the Delhi High Court in the case of "Shaw Wallace v. M.P. Beer Products" [2009 (39) PTC 129]. IndiaIntellectual PropertyLex Orbis
ArticleLee Pharma's Compulsory License Application For Saxagliptin Rejected By Indian Patent OfficeIn an order dated 19 January 2016 (Order), the Controller General of Patents and Trademarks rejected the application for Compulsory License for the patent covering AstraZeneca's diabetes management drug Saxagliptin.IndiaIntellectual PropertyKhaitan & Co.
ArticleMoral Rights Under Copyright LawIn the year 1957, the Government of India commissioned a certain Mr. Sehgal to create a bronze mural for the Vigyan Bhavan, the most prominent International Convention Hall in Delhi. IndiaIntellectual PropertyIntepat IP
ArticleNo Relief For Toyota From Supreme Court In The Prius Matter. Decision May Have Implications On The Provisions Of Well-Known Mark.The Supreme Court of India (Supreme Court) has affirmed the order of the Division Bench of the Delhi High Court (Division Bench) permitting the use of the mark PRIUS by Prius Auto.IndiaIntellectual PropertyKhaitan & Co.
ArticleNuziveedu Seeds Wins Legal Battle Against US Giant Monsanto!It has been a long time since M. Prabhakara Rao, the chairman of Nuziveedu Seeds, was trying to knock down the world's largest seed company "Monsanto Co", in a high-profile conflict over licensing and royalty...IndiaIntellectual PropertyKhurana & Khurana, Advocates and IP Attorneys
ArticlePassing Off In DesignDesign is considered a statutory right whereas passing off and trade mark are considered as sui generis right. A statutory right entails its origin and extinguishment happens in terms of the statue. IndiaIntellectual PropertyLitmus Legal
ArticlePhilips Standard Essential Patent Judgement: Game-Changer Or Cliffhanger!As it has done time and again in the past, the Delhi High Court once again became the beacon of progress of Intellectual Property jurisprudence in the country, when on July 12th, 2018 Justice Mukta Gupta delivered ...IndiaIntellectual PropertyS.S. Rana & Co.
ArticleRecent Decision Of Delhi High Court In The Case Of Gilead Pharmasset, LLC V. Union Of India & ANRRecently, the Delhi high court on dated 30th January 2015 set aside an order of the Deputy Controller of Patents and Designs. IndiaIntellectual PropertyKhurana & Khurana, Advocates and IP Attorneys