Article in this December 2014 issue of IPR Amicus discusses elaborately, recent order of Delhi High Court on rules for determining deceptive similarity and consequent trademark infringement when the conflicting trademarks under consideration are composite marks i.e. marks comprising more than one element.
Under Ratio decidendi, this issue covers a Punjab and Haryana High Court decision upholding the Order of Regional Director, Corporate Affairs holding that name of the company must be changed since part of its name was similar to the trademark of another company. Bombay High Court has permitted export of patented product for conducting studies. The compulsory licence holder was hence allowed to export Active Pharmaceutical Ingredient (API) for the purposes of conducting development/clinical studies and trials for seeking regulatory approvals in that country. This issue brings to readers a summary of this order.
News Nuggets in this issue of the newsletter among other important news also covers news on USPTO issuing interim guidance on patentable subject matter.