Discussion Paper

High Court: Mere advertisement cannot create territorial jurisdiction in Trademark Disputes

Kritika Gandhi

4 days ago

High Court: Mere advertisement cannot create territorial jurisdiction in Trademark Disputes

Introduction The Hon’ble High Court of Delhi in the case of Hari Ram And Sons vs Vivek Purwar & Anr.[1] held that the trial court's...

Plea of Invalidity: Court Clarifies Statutory Provision For Stay Of Infringement Proceedings

Vrinda Sehgal

6 days ago

Plea of Invalidity: Court Clarifies Statutory Provision For Stay Of Infringement Proceedings

Introduction Recently in the case of Travellers Exchange Corporation Limited v. Celebrities Management Private Limited[1], the Delhi High...

INDIA: High Court examines the patentability of atomic energy-based inventions

Ashee Singh & Ankita Sabharwal

7 days ago

INDIA: High Court examines the patentability of atomic energy-based inventions

Introduction The Hon’ble High Court of Bombay in the case of Ceres Intellectual Property Company Limited v/s. The Controller of Patents,...

High Court elaborates on procedural fairness in the context of the Patents Act

Sachet Sahni

Nov 16

High Court elaborates on procedural fairness in the context of the Patents Act

The Hon’ble High Court (“the Court”) in the matter of FMC Corporation V. Assistant Controller of Patents and Designs, set aside the...

Pharma Trademarks Are A Different Species: Court Rejects Appeal Against Mark Derived From Same INN

Vrinda Sehgal

Nov 14

Pharma Trademarks Are A Different Species: Court Rejects Appeal Against Mark Derived From Same INN

Introduction Recently in the case of Sun Pharmaceuticals Ltd v. Hetero Healthcare Ltd. & Anr., the Delhi High Court rejected an appeal...

High Court rules Applicants to not suffer for the fault or negligence of the Patent Agent

Shivarpita Nailwal & Ankita Sabharwal

Nov 4

High Court rules Applicants to not suffer for the fault or negligence of the Patent Agent

The Hon’ble High Court of Delhi in the case of Bry-Air Prokon Sagl & Ors. vs Union Of India & Anr.[1], ordered restoration of patent...

A reasoned patent refusal order is ingrained in principles of natural justice: High Court

Sachet Sahni

Nov 3

A reasoned patent refusal order is ingrained in principles of natural justice: High Court

The Hon’ble High Court (“the Court”) in the matter of Auckland Uniservices Limited V. Assistant Controller of Patents and Designs, set...

Dynamic Injunctions: A Novel Species Of Injunctions In The Realm Of Digital Piracy

Divanshi Gupta

Oct 25

Dynamic Injunctions: A Novel Species Of Injunctions In The Realm Of Digital Piracy

INTRODUCTION Indisputably, innovation in the digital age has brought improvements in human productivity and efficiency. But,...

High Court holds non-reasoned refusal as “cryptic”, remands patent application for reconsideration

Nidhi Anand & Ankita Sabharwal

Oct 18

High Court holds non-reasoned refusal as “cryptic”, remands patent application for reconsideration

Introduction In a recent appeal filed before the Hon’ble High Court of Delhi in the case of Otsuka Pharmaceutical Co Ltd. VsThe...

Hashtags and Trade Marks: A Digital Media Prodigy

Somesa Gupta

Oct 14

Hashtags and Trade Marks: A Digital Media Prodigy

Introduction The evolution of social media platforms has resulted in increased consumer engagement online and dissemination of...

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