4 March 2016
Intellectual Property Appellate Board (IPAB) has held that mere production of solitary document and that too a suspected one is not enough to establish by itself ‘prior use’ and adoption continuously for a substantial period. The Board in this regard noted that the opponent to the registration of the trademark ‘Viking’ in Clas...
2 December, 2013
Intellectual Property Appellate Board (India) has allowed rectification application of a confectionary major in respect of various trademarks of another major, concerning word ‘Eclairs’. In respect of three applications, the Board, noting that the respondents had filed only registration certificates obtained in various countries, held that just registration alone will not hel...
24 July 2013
The Intellectual Property Appellate Board (IPAB) has held that it has the power to review its own orders. It was noted that if the litigant had the right of review before the High Court either in appeal or in application, when the appeals were transferred to the IPAB, it cannot be taken away by the Board. It was noted that for the purpose of dispute resolving power and procedure,...
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 ...
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...
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...
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...
By Jaya Pandeya
Interpretation of Section 3(k) of the Patents Act, 1970 (the Act) that imposes an absolute bar on patentability of business methods, mathematical methods, algorithms and computer programs per se continues to remain a contentious issue for applicants and IP professionals in India.
The Manual of Patent Office Practice and Procedure (MPPP) [see end note 1] provid...
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