On July 6, dismissing the appeal filed by Intra-cellular Therapies , the Delhi High Court upheld the Controller's decision on the grounds of lack of novelty and non-patentability under Section 3(d) while choosing not to delve into the more rigorously contested inventive-step objection. Besides dealing with the controversial coverage/ disclosure dichotomy, the discussion focused on the “person in the know” versus the "person ordinarily skilled in the art" and the missing lin

Novartis AG and Astex Therapeutics Ltd. have finally received a grant of a patent under number 594997 for their application relating to Ribociclib (Kisqali®), a selective CDK4/6 inhibitor indicated for the treatment of HR+/HER2- breast cancer, after contesting four pre-grant oppositions filed against the application in an exhaustive and detailed 198-page order. The application drew oppositions from Natco Pharma and three individual Opponents. The application was filed in 20

Introduction Recently, in the case of Asian Paints Limited vs. Manju Rani Jindal1, the Bombay High Court discussed the issue of deceptive similarity between two marks. The Court granted a permanent injunction in favour of the Plaintiff, restraining the Defendant from manufacturing, marketing, selling and/or likely to market and sell and/or using in any manner whatsoever in relation to wall putty, cement paints and other goods used in the paint industry, the impugned mark “SUP

INTRODUCTION The increasing use of function-oriented product descriptors in the cosmetics and personal care industry has intensified the tension between commercial branding practices and the distinctiveness requirement under trademark law. While descriptive expressions may effectively communicate a product's purpose or characteristics, they ordinarily remain incapable of distinguishing commercial origin and are therefore excluded from trademark protection, as granting a monop

Every ace at Wimbledon and every goal in a FIFA tournament is worth far more than the excitement it brings to fans. Behind every live sporting event lies a multi-million-dollar ecosystem of broadcasting rights, with media companies investing heavily for the privilege of exclusive live coverage. Yet, within moments of the first whistle or serve, unauthorised streams begin appearing across rogue websites, IPTV platforms and mobile applications, reaching viewers around the world

Introduction A trademark applicant and a trademark plaintiff often want opposite things from the same mark. At the counter of the Registry, the safest route to registration is to present the mark as an indivisible composite- a label, a device, a word fused to a stylized get-up and to insist examiners and opponents judge it as a whole. The applicant usually plays down the ordinary, descriptive, or common features and asks for credit on the overall impression. Yet when that reg

Introduction In today’s commercial climate, a brand is rarely just a phonetic name, it is an entire visual get-up that speaks to the subconscious before a single word is actually processed. Typography i.e., the deliberate, often extensive arrangement, is the silent engine of this recognition. Whether it is specific letter spacing or a stylized stroke, these choices are the markers of a brand's DNA. In India, protecting these intellectual property assets requires navigating