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  • Article

    No Exclusivity Over Descriptive Part Of A Trade Mark

    In Rich Products Corporation & Anr. v. Indo Nippon Food Ltd 2007 (35) PTC 15 (Del.), the Delhi High Court decided on the issue of exclusivity in relation to whole and parts of a trademark.
    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

    Permanent Injunction Granted For Violation Of Patent To KENT

    In an attempt to assert one’s rights in a patent, the recent case of Mahesh Gupta & Anr. v. Tej Singh Yadav & anr. [2009 (41) PTC 109 (Del)] witnessed the Delhi High Court grant an order of permanent injunction as mandated under the provisions of the Specific Relief Act, 1963.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Plea To Ban Swami Dayanand´s Satyarth Prakash Refused

    Fundamental and religious rights often come into question with respect to Holy texts, practices and beliefs. Dealing with philosopher Swami Dayanand’s famous "Satyarth Prakash", the present suit [Sarvadeshik Press v. Usman Ghani and Ors. 2009 (38) PTC 67 (Del.)] dwells on the question of the Civil Court having the jurisdiction to entertain a suit to ban/issue an injunction on the publication of a book, which is in existence and is being published and read for the last 135 years.
    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

    Resurrection For Herbal Industry

    Herbal medicine is considered as the medicine of the masses and is usually referred as ‘nature medicine’. The U.S. Food and Drug Administration (FDA) has for the first time approved a special extract of green tea as a prescription drug for the topical (external) treatment of genital warts caused by the human papilloma virus (HPV).
    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

    Super Cassettes Granted Injunction in Cyber-Squatting Suit

    Cyber-squatting is a crime that is commonly defined as registering, trafficking in, or using a domain name with mala fide intent to make profit from the goodwill of a domain name registered in somebody else’s name.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    "Supriya Prabhu v. Janus Remedies" Explores Equity In A Trademark Dispute

    The Law of Equity bars a person from bringing an action arising out of his own misconduct on the basis of the maxim- “ex turpi causa non- oritur actio”. The case of Supriya Prabhu v. Janus Remedies 2008 (36) PTC 139 (Bom) is an illustration on the point.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Courts All Along In Curbing Piracy

    The new millennium witnessed the technological revolution in every spectrum boosting up the economical standards of the country. The most reflective and operative area of technological advancement is in entertainment industry.
    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

    Vetsfarma Vested With The “Right To Be Heard”

    The Principles of Natural Justice find a place in all jurisdictions and legal regimen. The law seems frivolous without the edicts of the principle and governs every branch of law, irrespective whether new or old.
    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
  • Article

    Word Mark “Venture” Deliberated Upon- ITC’s Appeal Allowed

    The standards in case of a “word mark” often come under contention, specifically in cases where words may assume multiple and diverse meanings.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis

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