28 July, 2014
The Bombay High Court on 15-7-2014 has upheld the decision of the Controller and IPAB to grant compulsory licence (CL) for a cancer drug. The court in this regard, considering the TRIPS Agreement, Doha Declaration and various provisions of the Patent Act, 1970, rejected the writ petition filed by the patent holder (Bayer Corporation). Submission that efforts to obtain voluntary ...
20 June, 2014
Reasoning that protection under patent laws is for a set of claimed elements, the Supreme Court of USA has on 2-6-2014 held that when there is no direct infringement, a person cannot be liable for inducing infringement. Also, a method patent is not infringed unless all the steps are carried out. Several steps in the process of delivering electronic data through Content Delivery...
11 June, 2014
The US Supreme Court, on 2-6-2014, held that the petitioner was not liable for inducing patent infringement when it required third parties (customer) to carry out certain steps of the process covered by the method patent of the respondent [Limelight Networks Inc v. Akamai Technologies, No. 12–786].
Both parties were involved in delivering electronic data through Content Delive...
24 March, 2014
The Delhi High Court has granted interim injunction in case of use of mark ‘BRAHMOS’ in relation to educational services. Relying on two precedents of the court, namely Bloomberg Finance LP v. Prafull Saklecha [2013 (56) PTC 243 (Del)] and Rolex Sa v. Alex Jewellery Pvt. Ltd. [2009(41) PTC 284 (Del)], it was held that if the registered trademark is a well-known trademark within...
20 February, 2014
Examining damage to origin function, the advertisement function and the investment function of trademark when the word /mark ‘lush’ is used in the site of the online retailer (defendant) though the trademarked products are not sold , the High Court (UK – Chancery Division – Intellectual Property) upheld the claim of infringement.
‘Lush’ was used as an adword. The person us...
2 December, 2013
Scanning of books and providing access to digital library
The Authors Guild (plaintiff) claimed that by scanning more than twenty millions books, providing verbatim snippets of text to aid in searching and retaining scan copies of books, providing such complete scans to libraries, Google (defendant) had infringed their rights. After over eight years of litigatio...
By Rishika Sharath
Corporate personality is considered as one of the most dynamic concepts of company law. It is premised on the principle that a company is regarded as an entity distinct from the shareholders constituting it. Recently, the Karnataka High Court indirectly applied this doctrine in the field of trademark law.
Dated: Nov 16, 2016
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 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 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. Gaurav Gupta
The Department of Industrial Policy and Promotion (DIPP) formed a six member committee on 22nd October, 2014 to formulate National IPR Policy. The committee, referred to as the “IPR Think Tank”, is headed by Justice Prabha Sridevan, former judge at Madras High Court and Chairperson of Intellectual Property Appellate Board (IPAB). The draft National IPR Policy was released ...
By Vindhya S. Mani
The Bombay High Court vide its judgment dated 15th September, 2014 in ITM Trust v. Educate India Society [see end note 1] granted an injunction in favour of the plaintiff, ITM Trust, against the defendant, Educate India Society, from using the mark "ITM" or any other deceptively similar mark in respect of technical and educational services so as to infringe ITM Trust's regi...
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