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  • Article

    Darjeeling - Tea Or Lounge

    The dispute is on "DARJEELING" between Tea Board of India and ITC Limited.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Data Exclusivity – TRIPS Compliant or TRIPS Plus?

    Intellectual Property as such gives a right to control the activities of others and this has a number of implications, which could give rise to issues resting on delicate grounds. The theory behind the patenting system is that the financial reward flowing from the exploitation of the patent and the disclosure of the resulting inventions for public dissemination and use, would encourage innovation and raise the technical level of a nation’s industry, at the same time contributing towards to its t
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
Article

Delhi High Court Grants Permanent Injunction And Damages Against Fraudulent Use Of Trademark

A single judge bench of the High Court of Delhi comprising of Justice C. Hari Shankar recently granted an ex-parte injunction in favour of the Plaintiff, Indiamart Intermesh and permanently restrained defendant No. 1, ...
IndiaIntellectual Property
Lex Orbis
Lex Orbis
  • Article

    E-commerce Platforms Accountable For Curbing Counterfeits In The Growing Digital Age

    The rapid growth of e-commerce has transformed the retail landscape, providing consumers with unparalleled convenience and accessibility.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    FFL Requirement For Newly Added Subject Matter

    One of the peculiar provisions of Indian patent law is that an invention involving a resident inventor shall not be revealed outside India without seeking permission from the Indian Patent Office (IPO).
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    India's IP Healing For Yoga

    Perusing the Indian Prime Minister Narendra Modi's quote "Yoga is India's gift to the world", the Ministry of Science and Technology is attempting to protect yoga as traditional knowledge of the country from international piracy.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Objections Filed Long After Expiry Of Thirty Days From The Filing Of The Application Are Time-Barred - Delhi High Court

    Surinder Prakash Gupta v Union of India & Ors, was a writ petition filed by Surinder Prakash against an order dated 31st January 2007, of the Copyright Board (C Board) which allowed an appeal filed by the Respondent No.3 against an order dated 23rd December 2005, passed by the Registrar of Copyright (Registrar).
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Patents And Perpetual Motion Machines

    The world has been aware of a possible energy crisis for quite some time now. Decades ago, scientists predicted that we may soon run out of fossil fuels
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Recent Development On The Assessment Of Inventive Step In India

    Novelty and inventive step are the foundational requirements for the grant of a patent application around the world.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Rise Of E-Commerce And Intermediary Liability

    In recent times, there has been a spate of litigation surrounding the e-commerce space and immunities afforded to intermediaries. As almost everything can now be selected and purchased online...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Transborder Reputation Extends to Cognate Goods Also

    Trans border reputation of a trademark is considered not only with respect to goods that are being sold under the mark in India but also with respect to the cognate goods.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Why Software Inventions Are Just Like Inventions In Other Fields Of Technology In India?

    It can be undisputedly argued that Computer programs and electronic circuitry diagrams both have been a subject matter of copyright protection but implementations of these appear more than the subject matter of copyright protection.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Why Well-Known Marks Need That Extra Protection

    A well-known trade mark deserves protection against unauthorised use across all categories of goods and services.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Clarifies Standards For Assessing Inventive Step And Obviousness Before Patent Refusal

    The decision of the Delhi High Court in Trident Limited vs Controller of Patents [C.A.(COMM.IPD-PAT) 162/2022] addresses a recurring issue in Indian patent cases, as to how inventive step under Section 2(1)(ja) of the Patents Act, 1970 is to be assessed...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Piracy Paradox – Overlooked Predicament Of Nascent Designer

    Fashion Industry is an international multi-billion pound business whose economic and social significance is incontrovertible around the world.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    India's New Medical Device Regulations

    Substances used for in vitro diagnosis, medical device, mechanical contraceptives, disinfectants and insecticides and other notified devices in India are now regulated by the Medical Device Rules, 2017...
    IndiaFood, Drugs, Healthcare, Life Sciences
    Lex Orbis
    Lex Orbis
  • Article

    Appellate Court Upholds Restraining Order Against Name That Capitalises On Trademark And Goodwill Of Other Coaching Institutes

    The present order arises out of the appeal filed in Emerge Classes Pvt Ltd vs Kashmir Institute of Excellence & Ors (Order dated June 7, 2024) against the order...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Dabur´s Design Contest In Hair Oil Packaging

    Aggrieved by the dismissal of an application filed under Order 39 Rules 1 and 2 CPC, Dabur India Limited filed an appeal to the decision of the Ld. Single Judge of the Delhi High Court, in Dabur India Ltd. v. Amit Jain & Anr. {2009 (39) PTC 104 (Del.)}. Dabur claiming to be the fourth largest fast moving consumer goods (FMCG) company in India, and that they were in trade since 1884, filed this appeal in pursuance to the design registration in the packaging of its hair oil for the bottle and cap.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Legal Position On ‘Proof Of Right' In Patent Applications

    The requirement for filing a "proof of right" with Indian patent applications is debated from time to time and patent controllers have taken different views on it.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Negative Covenant In A Trade Mark Assignment Prevails Even Upon Termination Of Joint Venture

    The Indian Contract Act, 1872 (the Act), provides a framework of rules and regulations governing the formation and performance of a contract in India.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Showing 681–700 of 1061 results

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