28 July, 2014
The US Supreme Court on 25-6-2014 held that in enabling subscribers to view broadcast of copyrighted content, using individual antennae, both elements of ’performance’ and ‘public’ were satisfied and such activity amounted to infringement. In the instant case (American Broadcasting Companies v. AEREO), the defendant transmitted content by means of individual antenna to subscrib...
22 April, 2014
Rajasthan High Court has on 31-3-2014 held that in cases of passing off, the question is no longer of “common field of activity”, but is of “common class of consumers”. The court in the case of Vijay Solvex Ltd. v. Shree Hari Agro Industries Ltd noted that though trade mark relates to the goods or to the service for which it is registered, modern judicial trend is not to confin...
16 January, 2014
The Division Bench of Kerala High Court recently declined to interfere in the grant of registration under Insecticides Act, for manufacture of a particular insecticide, when the process of its manufacture was patented by another company-appellant in this case. It was the contention of the original patent holder that the registering authority under the Insecticides Act should ...
16 January, 2014
‘What one man can invent, another can discover’ – Arthur Conan Doyle’s words spoken through Sherlock Holmes on deciphering the code which used figures of dancing men. Perhaps, it could apply to the imagination of a creative human mind. Do characters/elements develop till the last work of the author or can they be vivisected?
The Conan Doyle estate asserted that the charact...
18 December, 2013
WIPO released the 2013 edition of World Intellectual Property Indicators, earlier this month. It is based on data from national and regional offices, WIPO, World Bank and UNESCO. In general, it records that there is a shift in filing activity from high income to middle income countries. Another interesting observation is that Asian countries were an important source of inve...
By Anup Koushik Karavadi
The justice delivery system of our country can be excruciatingly slow. In commercial disputes, time is of the essence and delays can derail the entire remedy and relief and undermines business confidence in Indians as well as those interested in investing in India. ...
By Kumudavalli Seetharaman
The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours. The Delhi High Court, in a rece...
By Ankur Garg & Anurit Banerjee
The Indian Patent Office had issued the modified guidelines for examination of Computer Related Invention (CRI) [see end note 1] on 19 Feb 2016. The CRI guidelines propose a framework for assessing patent eligibility of such claims under section 3(k) of the Patents Act, 1970.
Specifically, the CRI guidel...
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 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 ...
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.
Dated: Oct 23, 2015
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...
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