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LexOrbis - When a patent has claims that can be infringed at different levels of a device, the issue of "licensing on the end value of device" or "licensing on the smallest component value" come into picture.

In the case of Castrol Limited v. Union of India and Anr; Castrol Limited (Petitioner), a company incorporated under the laws of England and involved in the business of manufacturing, processing and marketing high grade lubricating oil products in the United Kingdom and other countries challenged an Order of the Deputy Registrar of Copyrights (DROC) dated 30th September, 2009, by which the Petitioner’s applications for two artistic works in respect of the Castrol logo under the Copyright Act, 19

Patent linkage may be regarded as a link between the marketing approval of the generic product and the patent status ...

Often, after filing a patent application, improvements, additional uses and refinements surface.

Sec. 57 of the Trade and Merchandise Marks Act, 1958 gives power to registrar to rectify the register. However, the plain reading of this section gives rise to a conflicting situation in light of section 107 of the Act, which puts a bar on power of registrar in this regard.

This is not the first time that these pharma giants have tried hindering the process of generic drug development.

Newspaper columns were overflowing on the matter when the Demi-God of Kollywood, Rajinikanth filed a petition against Mumbai-based Varsha Production House for personality right violation.

In Rich Products Corporation & Anr v Indo-Nippon Foods Limited, a claim of exclusive rights to use the word mark "WHIP TOPPING" by Rich Products Corporation (Appellant) was dismissed by the High Court of Delhi on grounds of the mark being both generic and descriptive.

TVS and Bajaj, both being players in the automobile industry and manufacturers of two wheelers appeared to Court with respect to the use of technology relating to Patent No.195904 held by Bajaj.

To file or not to file the patent application? This question sounds the national security alert in mind of every individual inventor who happens to be working on development of defence

As a matter of public policy, under the rubric of <I>‘fair use doctrine’</I> certain acts are kept out of the domain of copyright infringement. There are multifarious reasons underlying these statutory exceptions.

Article 300A of the Constitution of India recognises and guarantees every person a right to property which is construed by the Supreme Court to be not only a constitutional or statutory right, but also a human right.

Refusal of a patent under Section 3(d) of the Patents Act, 1970, for the lack of enhanced efficacy still makes rounds in the decisions of the Controllers in India following the Novartis case.

The seven different forms of intellectual property rights stipulated in TRIPS are patents, copyrights, trademarks, industrial designs, geographical indications, protection of IC layout design and protection of undisclosed information. Each one is independent of each other and protects different aspects of an inventive work and extends different rights to the owner.

Two suits were filed against M/s Heinz India (P) Ltd by Glaxo Smithkline Consumer Health Care Limited (GSK) as a sole plaintiff in the first and joining as a co-plaintiff along with Horlicks Limited, United Kingdom in the Other.

Certain provisions of the Trademarks Act, 1999 ("the Act") in regard to the qualification of members of Intellectual Property Board of India (IPAB) were held unconstitutional by the Madras High Court ("the Court") on March 10, 2015.

On August 16, 2023, the Delhi High Court delivered a significant judgment in the case of Hero Motocorp Limited (herein after referred to as ‘the plaintiff')...