September - 2022

Test of Unwary Consumer: Carlsberg Granted Interim Injunction Against Tensberg

Vrinda Sehgal

Sep 29, 2022

Test of Unwary Consumer: Carlsberg Granted Interim Injunction Against Tensberg

Introduction Recently in the case of CARLSBERG BREWERIES A/S v. TENSBERG BREWERIES INDUSTRIES PVT. LTD. & ORS.[1], the Delhi High Court...

Abhinav Bhalla

Sep 28, 2022

Delhi High Court: Louis Vuitton successfully enforces rights in its LV (logo) marks

Overview Recently, in the case of Louis Vuitton Malletier v. Javed Khan & Ors[1], the Delhi High Court decreed the suit in favour of...

High Court: Telegram To Disclose Information Of Copyright Infringers; Location Of Servers Immaterial

Aaina Sethi

Sep 27, 2022

High Court: Telegram To Disclose Information Of Copyright Infringers; Location Of Servers Immaterial

Introduction In a recent copyright dispute of Neetu Singh & Anr. v. Telegram FZ LLC & Ors.[1], the Delhi High Court has directed the...

High Court vacates injunction against HFCL in patent infringement action by Sterlite Technologies

Loveleen Kaur & Surbhi Bhandari

Sep 26, 2022

High Court vacates injunction against HFCL in patent infringement action by Sterlite Technologies

In a recent judgement passed in the matter of STERLITE TECHNOLOGIES LIMITED vs HFCL LIMITED, the High Court has vacated an ex-parte...

INDIA: DELHI HIGH COURT REAFFIRMS THE JURISDICTION OF THE COMPETITION COMMISSION IN PATENT MATTERS

Gaurvi Arora

Sep 23, 2022

INDIA: DELHI HIGH COURT REAFFIRMS THE JURISDICTION OF THE COMPETITION COMMISSION IN PATENT MATTERS

On July 28, 2022, the Hon’ble Delhi High Court (hereinafter referred to as the “Court”), dismissing the writ petition filed by Vifor...

High Court: Test For Determining Similarity Is Possibility And Not Probability Of Confusion

Vrinda Sehgal

Sep 22, 2022

High Court: Test For Determining Similarity Is Possibility And Not Probability Of Confusion

Introduction Recently in the case of Astral Poly Technik Limited & Anr. v. Astralglee through its proprietor Ms Pooja Surendra Ayre &...

Hakunamatata: High Court Grants Injunction Against Use Of "TATA" mark for Cryptocurrencies

Divanshi Gupta

Sep 21, 2022

Hakunamatata: High Court Grants Injunction Against Use Of "TATA" mark for Cryptocurrencies

INTRODUCTION Recently, in the case of TATA Sons Private Limited v. Hakunamatata TATA Founders & Others[1], the Division Bench of the...

High Court: Amazon directed to remove ROOH AFZA branded products not originating from Hamdard India

Ankita Sabharwal

Sep 19, 2022

High Court: Amazon directed to remove ROOH AFZA branded products not originating from Hamdard India

The Hon’ble High Court of Delhi in the case of Hamdard National Foundation (India) & Anr. V. Amazon India Limited & Anr. has directed...

S. 3(d): Examiner must identify ‘known substance’, explain how claimed compounds constitute new form

Shivarpita Nailwal & Ankita Sabharwal

Sep 19, 2022

S. 3(d): Examiner must identify ‘known substance’, explain how claimed compounds constitute new form

High Court holds Patent Office must identify “known substance” and mention the manner in which claimed compounds constitute new form

High Court grants interim relief to New Balance Athletic Inc. against online counterfeiters

Vrinda Sehgal

Sep 14, 2022

High Court grants interim relief to New Balance Athletic Inc. against online counterfeiters

Introduction Recently in the case of New Balance Athletic Inc. v. Ashok Kumar Trading as www.myshoeshop.in, the Delhi High Court...

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Cinematography Redefined: Analysing Cinematography (Amendment) Bill, 2023

INDIA: HC clarifies jurisdiction of revocation petitions and power to transfer cases between Courts

Madras HC notifies dedicated Intellectual Property Division for hearing IP Matters

From refusal to grant: India Patent Oﬃce grants a patent after the High Court orders reconsideration

INDIA: HC issues directions in view of the recurrent unreasoned orders passed by the Patent Office

HC holds no flexibility for filing request for extension to file national phase patent application

India: Draft Patent (Amendment) Rules, 2023 published, comments invited from Stakeholders

Digital Health

Redbull's fight for “wings”; IPAB dismisses Red Bull’s petition for not being a “Person Aggrieved”

IPAB holds claims of divisional must be derived from claims of parent (not just from specification)

India: Divisional Patent Applications-Delhi High Court Clarifies The Scope

INDIA - High Court holds 'article' under the Designs Act must be capable of independent existence

'PRODUCT-BY-PROCESS' CLAIMS: VIFOR'S PATENT DISPUTE TAKES NEW TURN WITH DIVISION BENCH’S PERSPECTIVE

Architectural Works in the Intellectual Property Regime

Practical approach to Non-Working Patent: High Court balances interests and industry’s needs

UNDERSTANDING THE RULES OF POST-GRANT OPPOSITION IN INDIA – HIGH COURT’S ANALYSIS

Cinematography Redefined: Analysing Cinematography (Amendment) Bill, 2023

The Anusandhan National Research Foundation Act, 2023: India’s entry into the R&D big leagues

India: An unreasoned refusal order is in violation of the procedure and intent of the Patents Act

INDIA: HC clarifies jurisdiction of revocation petitions and power to transfer cases between Courts

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