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Product by process claims - A perspective

By Sribindhu Chivukala & Archana V


Section 2(j) of the Patents Act, 1970 (the Act) defines an invention as a new product or a process involving an inventive step and capable of industrial application. The legal protection to an invention is based on the claims of the granted patent. Typically, a p...

Stay of proceedings in an infringement suit and challenging validity of a registered trademark

By Nupur Kumar

A Full bench (Three Judges) of the Delhi High Court recently held that prior permission of the Court is not necessary under Section 124(1)(b)(ii) of the Trade Marks Act, 1999 (TMA) for filing a rectification petition before the IPAB during the pendency of an infringement suit.
A reference was made to the Full bench of ...

Obviousness - Different standards for Opposition and Revocation?

By Sudarshan Singh Shekawat

Patents are not just instruments of private commercial utilisation but also have an impact on public policy. They are thus, governed by a system which allows for challenge to the validity of a patent at different stages.

Before the Patent Office, the Act provides for ‘pre-grant opposition’ under S. 2...

The curious case of patent infringement CTR v. Sergi

By Vindhya Srinivasamani

This case pertains to a suit filed by CTR Manufacturing Industries Limited against Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. for infringement of its patent IN202302 (suit patent) for “A system and method for preventing and/or detecting explosion and/or fire of electrical transformers”, with an appl...

Divided on divisional patents

By Rohini Dutta


Divisional patent applications refer to such patent applications which have been divided out from a first filed patent application, also called a parent application. Section 16 of the Patents Act, 1970 (Act) lays down the principle for filing of a divisional application. Divisional pat...

Slogans - An issue of descriptiveness

By Dr Sheetal Vohra, Nupur Kumar, Tulika Pandey

Getting trademark protection for slogans is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature. A slogan is generally a combination of common words which describes the goods or services, or glorifies the goods and/or services of the company. Due ...

Delhi High Court grants permanent injunction in case of Sitagliptin

By Sanuj Das

Nearly three years after Merck (patentee) initiated an infringement action over its patented diabetics drug sitagliptin (Indian Patent 209816, sold under the brand names Januvia and Janumet), the Delhi High Court recently permanently restrained the defendant from the business of Sitagliptin.


Software inventions - Examining patentability

By Dr. Mukundan Chakrapani

The Indian Patent Office recently released the final version of the Guidelines for Examination of Computer Related Inventions. They offer much needed clarity on the vexing issue of determining subject matter eligibility of Computer Related Inventions (“CRI”), a.k.a. software inventions. A standout feature of the fin...

‘Make in India’ meets the Biological Diversity Act

By Dr. Amitavo Mitra

‘Make in India’ is a flagship, nation-wide initiative of the Government of India launched in September 2014. Under this initiative, the government has identified 25 key sectors for attracting foreign investment in order to develop indigenous expertise, create jobs, and encourage intellectual ingenuity. Some of the key sec...

Separation of rights under copyright & design laws

By Raghav Sarda

Under the Indian IP system, a clear distinction has been made between rights available under the Designs Act, 2000 (“the Designs Act”) and the Copyright Act, 1957 (“the Copyright Act”), to avoid any overlap in protection under the two Acts. However, owing to a similarity in the work protectable under these laws, cr...

Comparative advertising - Acceptable competitive behaviour and law of disparagement

By Nupur Kumar

Advertisement is the act of making a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services [see end note 1]. Advertising serves as a tool to promote vigorous competition and public enlightenment but when it oversteps the ethics of generally accepted competit...

Realizing the Digital India dream

By Dr. Mukundan Chakrapani

It has been an explosive opening quarter for investments in early stage ventures. The information technology sector alone has attracted a whopping US$612 million of the over US$1 billion reported investments from January to March, 2015. Indeed, this must be music to the ears of the technocrats behind the Digital India (...

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