ArticleImportance Of Expert Testimony In Patent CasesThe grant of a patent invariably follows a thorough examination by expert patent examiners of the patent offices. IndiaIntellectual PropertyLex Orbis
ArticleIndia's Rise To Innovative Excellence - Achieving 100,000 Patents In One YearThe Hindustan Chamber of Industry and Commerce (HCIM) held a press conference on March 15, 2024, announcing numerous significant milestones in India's intellectual property landscape. IndiaIntellectual PropertyLex Orbis
ArticleIndian Patent Office Seeks Recognition As International Search AuthorityPatent Cooperation Treaty was signed by India in 1998. It allows an inventor to file an "international patent application," which has the effect of filing a separate patent application in each of the PCT member countries designated by the inventor.IndiaIntellectual PropertyLex Orbis
ArticleLegislation On Access To Indian Biological Resources And Knowledge Associated TheretoThe National Biodiversity Authority (hereinafter referred to as "NBA") and State Biodiversity Boards (hereinafter referred to as "SBB") are established to deal with matters relating to implementation of the Act and the Rules.IndiaIntellectual PropertyLex Orbis
ArticleLegislature Equipped To Ward Off Groundless TreatsIn the competitive world of business, it is natural for the rival traders to adopt and apply different tactics to boost up their own business. The real aim of the trademark is to reflect the bondage between the proprietor and the product.IndiaIntellectual PropertyLex Orbis
ArticleNexus Between Territorial Jurisdiction and Cause of Action‘Territorial jurisdiction’ has become a burning issue recently before the Supreme Court and High Courts. The conflicting decisions of Allahabad High Court in Civil Appeal No. 6248 of 1997 and Delhi High Court in Civil Appeal No. 16 of 1999 relating to territorial jurisdiction led to the decision of Dhodha House "Patel Field Marshal Industries v. S.J.Maingi" P.M.Diesel Ltd. (2006(32) PTC 1 (SC)) by the Supreme Court. IndiaIntellectual PropertyLex Orbis
ArticleNo Interlocutory Injunction If Damages are Adequate RemedyIt is a settled rule that when damages can form adequate remedy, injunctions are not awarded. In the case of Dart Industries Incorporation Anr. V. Technoplast & Anr. 2007 (35) PTC 139 (Del.) apart from reiterating the above principle, the Delhi High Court dealt with the questions of passing off and infringement of designs and copyright.IndiaIntellectual PropertyLex Orbis
ArticleNo Monopoly Over Themes: Bombay HC Rejects Copyright Claim On Dream Girl 2In the case of Ashim Kumar Bagchi vs Balaji Telefilms Ltd. & Ors., the Bombay High Court addressed important questions about copyright infringement and breach of confidence. IndiaIntellectual PropertyLex Orbis
ArticlePatent Registration In India: It’s Time To Accelerate The ProcessPatent registration in India has hitherto been a slow and tardy process with inventors/innovators running from pillar to post for 6-7 years before they are able to secure the seal of registration. IndiaIntellectual PropertyLex Orbis
ArticlePatents: Benefits Of Alliance Of Academia And IndustryCollaboration between academics and industry can play a vital role in developing nascent technologies and have a positive impact on business and the economy.IndiaIntellectual PropertyLex Orbis
ArticlePrior User Favors Registration As TrademarksThe establishment of prior user of a mark is an important strategy in defending infringement actions where the mark and the goods covered are identical as well as in trademark prosecution stages.IndiaIntellectual PropertyLex Orbis
ArticleRedressal Of Trade Mark Infringement Under Companies ActOne of the major strategies of the misusers is to adopt famous/well known marks as a part of their trading style/corporate name. Obviously, the intention is to choose a name that is easy to recollect and gives the impression of being associated with a well-known company.IndiaIntellectual PropertyLex Orbis
ArticleRegional Players as Bonafide Users??The Trademark battle often runs into taking the shape of a suit for infringement, deception, claim of being a prior user, so on and so forth. IndiaIntellectual PropertyLex Orbis
ArticleRole Of Geographical Indications In The Field Of Traditional KnowledgeGeographical Indications are recognized intellectual property tool for protecting the link or relationship between product quality and the geographic region of its origin.IndiaIntellectual PropertyLex Orbis
ArticleSecond Time Also Not Myshow!!Over the years, laws relating to Intellectual Property Rights in India have witnessed rapid growth and significant development.IndiaIntellectual PropertyLex Orbis
ArticleSeminal Patents 3 - Jet EnginesWe live in a scientific and technological world that is vastly different from the world of a hundred years ago. IndiaIntellectual PropertyLex Orbis
ArticleSimilarity In Commercial Names And Device: The Montblanc DisputeA suit filed under Order 39 Rule 1 and 2 and Order 39 Rule 4 of the Code of Civil Procedure, 1908, titled "Montblanc Simplo- GMBH v. New Delhi Stationery Mart" 2008(38) PTC 59, involved two corporations, debating over similarity in the commercial names appended to their products and the associated Trademark principles. IndiaIntellectual PropertyLex Orbis
ArticleStadmed Private Ltd. vs. Abbott LaboratoriesThe question whether two marks are deceptively similar is an important question which arises for consideration in connection with registration of trademarks. A trademark is said to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion [Section 2 (i) (h) of Trademarks Act, 1999].IndiaIntellectual PropertyLex Orbis
ArticleStatute Obligates Conduct Of Search By RegistrarTrademark has emerged as one of the vital instruments in generating business. Once the mark becomes associated with the business, it instills a substantial amount of goodwill to the business. It has become a prevalent practice that the business concerns adopt a trademark much before the actual initiation of business.IndiaIntellectual PropertyLex Orbis