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  • Article

    Ciba Fails To Get Relief For Breach Of Its Confidentiality Agreement

    Ciba Inc. in a move against Sequent [Ciba Inc. & Anr. v. Sequent Scientific Ltd & Ors. Notice of Motion No.3472 OF 2009 in Suit No.2501 of 2009] alleged them for breach of confidentiality before the High Court of Bombay.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Conduct Separate Hearings For Examination And Pre-grant Opposition: Calcutta High Court Directs

    In the matter of UPL Limited vs Union of India & Ors., order dated September 16, 2025, the application for patent by UPL Limited relating to ‘fungicidal combinations', with claim for a fungicidal combination for controlling a broad spectrum of fungal diseases comprising of ternary or quaternary combination of fungicides.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Rules That Design Cannot Constitute Trademark

    The definition of design as mentioned in the Indian Designs Act specifically excludes trademark and relying on this exclusion, the Delhi High Court in a passing off suit filed by Crocs agreed with the prohibition contained in ...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Indian Legal Position On Limiting Effect Of Preambles

    Indian courts have discussed the legal position concerning construction of claims and summarized the principles of claim construction in several cases, but the limiting effect of preambles is yet to be specifically tested in a court in India
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Microsoft Granted Compensatory And Exemplary Damages Yet Again

    Damages in India are traditionally compensatory in nature. However, we find Indian Courts drifting gradually towards the American concept of granting punitive damages. Also known as exemplary damages, the concept is designed to punish for socially deplorable conduct such as fraud or malicious, reckless or abusive action.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Passing Off Pharmaceutical Products

    Passing off, a form of tort, the substantive law of which is based on common law with the object of protecting some form of property is no where defined in the Trade Marks Act, 1999 though is referred to in ss. 27(2), 134(1)(c) and 135.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Pfizer Products Inc Versus Rajesh Chopra & Ors

    The suit filed by the plaintiff is for injunction and damages for passing off and unfair competition. The plaintiff in their plaint relies on two factors for want of jurisdiction of the court to try and entertain the suit. The first being that the defendants have applied for registration of their trademark GEODON and ZOLOFT in Delhi in the Trade Mark Registration which is in the jurisdiction of this court.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    "Registration of Trademark During Pendency of the Suit for Passing Off is not Deterrent in Amending the Pleadings Later"

    It is a well settled law, as given in various decisions of the court, in situations where trademark was registered during pendency of the suit for passing off, subsequent amendment in the plaint was allowed by the courts and the parties were permitted to incorporate the claim of infringement of trademark in the plaint.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Rejection Of Patent To Sovaldi: Gilead Takes Refuge In Principles Of Natural Justice

    Close on the heels of the US President's historic Republic day visit to India, Gilead, a US based Biopharmaceutical Company, was successful in securing some relief from the Delhi High Court ..
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Super Cassettes Engaged In Protecting Its Domain Name

    Praying for the grant of a permanent injunction, Super Cassettes Industries Ltd. moved to court to institute an action against the use of the domain name Supercassettes.com by Wang Zhi Zhu Yong HU and Others.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Super Cassettes Supersedes Nirulas

    The concept of Copyright pronounces itself to be a “bundle of rights”. In this bundle, parties often find themselves entangled in disputes whereby they perceive the other party to be infringing their right.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trademark Disputes In Medications: The ELECTRAL Injunction Denial

    The dicta with regard to trademark disputes amongst pharmaceutical products was pretty much settled in the Supreme Court decision Cadila Health Care v. Cadila Pharmaceuticals Ltd. (2001) PTC 300 (SC). However, as parties continue to vouch their rights in Courts, the trademark ‘ELECTRAL’ being the subject of the ad-interim injunction came up for pursuance in the matter of FDC Ltd. v. Ajay G. Piramal & Ors. [2008 (38) PTC (Del.)] FDC Ltd. carries on its business of manufacturing medicinal and phar
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Rules That Making A Copy Of The Film Is Not Only Restricted To Making A Physical Copy Of The Film But It Also Includes A Substantial And Fundamental Reproduction Of The Original

    What amounts to infringement of a copyright in a cinematograph film has always been a matter of debate.
    IndiaMedia, Telecoms, IT, Entertainment
    Lex Orbis
    Lex Orbis
  • Article

    Open Network For Digital Commerce (ONDC) – Revolutionising E-Commerce

    E-commerce has given a fillip to businesses and made global marketplaces accessible at the tip of the consumers' fingers. Such ease of access has been the bedrock of fintech companies, online marketplaces...
    IndiaFinance and Banking
    Lex Orbis
    Lex Orbis
  • Article

    A Design Is Judged Solely By The Eye

    A design that is to be registered is to be applied to any finished article that may be judged solely by the eye.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Acquiescence: A Facet Of Delay

    A word trademark is inherently distinctive when it is an invented or coined word and the uniqueness of its distinctiveness can be diluted if used by others in an unauthorized manner. But the pertinent question here is that what is the time limitation to bring a passing off action against the unauthorized use of the trademark.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    An Argument Of Transborder Reputation - Strategy Needed

    The Intellectual Property Appellate Board (IPAB) has recently rejected the appeal of Jones Investment Co. Inc., A US Company, challenging the order of the Registrar of Trade Marks, dismissing the opposition filed by US Company against the registration of trade mark JONES label by Indian party trading as Vishnupriya Hosiery.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    An Assignee Can Claim User As A Subsequent Proprietor Only If The Assignor Had A Right In The Mark

    In the case of Shyam Traders v Spatial Commercial (P) Ltd. an application for the removal of a trade mark had been filed to stay/ restrain the effect and operation of the registered trademark during the pendency of the rectification application.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Animated "Ramayana" In Copyright Row

    Interlude Technologies in pursuance of its suit for permanent injunction, filed an application for the grant of an interim injunction to restrain the infringement of copyright, passing off, unfair competition, rendition of accounts, delivery up and damages.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Art, Copyright Infringement And Advertising.

    Ai Wewei is a Berlin-based Chinese artist.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis

Showing 361–380 of 1062 results

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