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  • Article

    Extent Of Compliance Required Under Section 6 Of The Biological Diversity Act, 2002

    The Biological Diversity Act (the BD Act) was enacted with the objective to provide for conservation of Biological Diversity, sustainable use of its components and fair and equitable sharing of the benefits ..
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Factors Determining the Infringement of Trademark

    Trademark infringement most commonly involves the issues such as likelihood of confusion; counterfeit marks and dilution of marks. Likelihood of confusion occurs in situations where consumers are likely to be confused or mislead about marks used by two different parties.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Fine Distinction To Be Made Between The Nature Of "Tenability" Of A Plea, While Considering A Temporary Injunction Motion On The One Hand , And For Stay Of Suit On The Other, While Exercising Jurisdiction Under Section 124 Of The Trademarks Act, 1999

    In the case of Financial Times Ltd. v Bennett Coleman & Co. Ltd. an application was made under Section 124 by Bennett Coleman & Co. Ltd (Defendants No. 1 and 2) who sought for the stay of the proceedings.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Freedom To Operate And Business

    Prior art search for the development and/or commercial production, marketing or use of a new product or process is commonly termed as a freedom to operate (FTO) search.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Indian Court Says No to Drug Patent Linkage

    Indian Courts have clarified the issue of drug-patent linkage vide the Delhi High Court decision in Bayer v. UOI & Cipla.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    IPAB Says NO To Bayer’s Stay Petition On CL Order

    On March 9, 2012, the Indian generic pharmaceutical industry got a shot in the arm when Indian Patent Office, by invoking the compulsory license (CL) provisions of the Patents Act, allowed NATCO PHARMA LTD, an Indian generic drug manufacturer to manufacture and sell generic version of the blockbuster cancer drug Sorafenib Tosylate (sold as Nexavar) patented by the German health care giant, BAYER CORP.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Jurisdiction Invalid When Invoked on Vague Allegation to Inconvenience the Defendant

    In a dispute with regard to copyright infringement between Krishan Industries v. Kimti Lal Sharma & Anr., a pertinent question with regard to territorial jurisdiction was adjudged.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    New Balance Prevails In Trademark Infringement Case Against NinePlus Shoes Based On Its Registered N Logo

    The sportwear company New Balance Athletics Inc. recently obtained a favourable judgment from Delhi High Court in a trademark infringement suit against NinePlus Shoes Private Limited.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    New Working Statement (Form 27) Notified Under Indian Patents Rules, 2003

    The Government of India through the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) notified Patent (Amendment) Rules, 2020 which came into effect from October 19, 2020.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Non- Registered User can be Entitled to Exercise Rights as a Registered Proprietor of Trademark: HC of Bombay

    "Hebare", which was a registered mark of Ramesh. The suit {Waman Vs. Ramesh 2010 (42) PTC 35(Bom.)} revolves around the dispute between two brothers, using their surname "Hebare" as trademarks in their respective business.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Patent Row On A Procedural Turf: The Issue Of Ex-Parte Ad-Interim Injunctions

    In IP litigation in India, the stage of interim injunction is often a stage of intense fighting.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Refusal Order Of Patent Set Aside: Madras High Court Directs Reconsideration

    In Natural Medicine Institute of Zhejiang Yangshengtang Co. Ltd. vs The Deputy Controller of Patents and Designs [(T) CMA (PT) No.171 of 2023], the Madras High Court by order dated August 12, 2025 allowed the appeal and directed the patent application filed by Natural Medicine Institute of Zhejiang Yangshengtang Co. Ltd.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Scan Biotech India & Another Successful In Establishing Infringement Of Its Trademark As Well As Infringement In Terms Of Section 29 (5), Trademark Act, 1999.

    In Scan Biotech India & Another v Scan Biotech India , Scan Biotech India & Another (Plaintiffs), a pharmaceutical product manufacturing concern sought permanent injunction against Scan Biotech India (Defendant) for their use of the trademark "BOLRAN" and the use of the trade name "SCAN BIOTEK INDIA".
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Seminal Patents 1 – Transistors

    We live in a scientific and technological world that is so different from the world of a hundred years ago that if someone from that time were to land in our midst today, they are sure to find most things around them magical.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Seminal Patents 4 – Plastics

    It is not just difficult but impossible to think of the present world without plastics. They are everywhere.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The SHANTI Act, 2025 And A New Era Of Patent Protection For Nuclear Energy-Related Inventions In India

    The enactment of the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Act, 2025, represents a significant shift in India's nuclear policy since the 1960s.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Time Stipulated In The Patent Act For Processing Of Application To Be Followed In Letter And In Spirit

    The Patent Act of 1970 and Rules of 2003 clearly lay down the time for the processing of a Patent Application.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Toyota Prius – Rise Of Territoriality Over Universality

    The Apex court's decision of December 14, 2017 in the case of Toyota Jidosha Kabushiki Kaisha v Prius Auto Industries Ltd & Ors (Civil Appeal Nos. 5375-5377 of 2017) affirming the decision...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trademark Registry's Proposed Corrective Measures

    Haldiram India Pvt. Ltd v Union of India and Anr, is a recent case where it was revealed that the Trademark Registry had misplaced over 44,000 files.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Whether An Appeal As Against An Order In The Review Petition Is Maintainable?--- An IPAB Decision

    In the case of Sachdeva & Sons Industries Pvt. Ltd v Deputy Registrar of Trademarks, a miscellaneous petition was filed by the Respondent No.2/Petitioner, under Order 47 Rule 7(1) of the Civil Procedure Code(CPC) read with Section 161 of the CPC, seeking for dismissal of the appeal (filed by Sachdeva & Sons Industries Pvt. Ltd [appellant/respondent]).
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis

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