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Design protection - Mere placement of few different straps, holes or claims on certain combination of colours not enough


By Ashna Pruthi
 
A Single Judge of the Delhi High Court vide its interim order dated May 06, 2019 in the case of Relaxo Footwears Limited v.  Aqualite India Ltd. & Anr[See Endnote 1] vacated the ex-parte ad-interim injunction passed on December 14, 2018 in favour of th...

Delhi High Court affirms that “export” is covered under Section 107A of Patents Act



By  Vindhya S. Mani.
 
A Division Bench of the Delhi High Court in its recent order[See Endnote 1] dated April 22, 2019 affirmed the decision of the Single Judge of the same court interpreting Section 107A of the Paten...

Dynamic injunction against ‘rogue websites’ in UTV case- Balanced remedy or excessive enforcement?


By  Sudarshan Shekhawat

In a judgement [see endnote. 1] delivered on April 10, the Delhi High Court has granted a ‘dynamic’ blocking injunction against certain websites publishing pirated films whereby the list of blocked websites can be updated as and when mirror websites are br...

Trademarks – Use of a generic prefix, how far effective


By  R. Parthasarathy & Abhishek Yadav

The question whether a mark is descriptive or invented, has always been a contentious one.  The Supreme Court in 1994 dealt with this issue in J.R. Kapoor v. Micronix India. In the said judgement, the marks in question were MICROTEL and MICRONIX. Apart from other differences, th...

Punitive damages in trademark infringement suits


By  R. Parthasarathy & Gunjan Hans

 “The disobedience or breach of an injunction has to have consequences in law. If strict action is not taken, orders of Courts would not be complied with by litigants…” [End note 1] 

In recent year...

Liabilities of an intermediary – The Indian perspective


By R. Parthasarathy & Godhuli Nanda

Electronic commerce or e-commerce, as is commonly known, is a transaction between the buyer and the seller which takes place online i.e. the purchase-sale of goods/services and not from physical brick and mortar shops, malls or kirana stores. The goods are sold through online platforms ...

Regularization of non-compliance with the Biological Diversity Act, 2002


By Dr. Deepti Malhotra & Dr. Malathi Lakshmikumaran

Biological diversity or biodiversity encompasses the entire species of plants, animals and microorganisms, including variability and their immense ecosystems[See Endnote 1]. India is one of the megadiverse countries with hotspots...

Scope of Section 3(i): An analysis on diagnostic methods of treatment


By Dr. Deepti Malhotra and Dr. Malathi Lakshmikumaran

TRIPS and methods of treatment

Patentability of methods of treatment is a contested subject matter worldwide. Article 27 of the World Trade Organisation’s Trade Related Aspects of Intellec...

Foreign filing license – Some issues


By Dipan Banerjee and Ankur Garg

Any person (inventor or applicant) who is an Indian resident, may wish to file a patent application (an application) in foreign countries due to various reasons, such as market potential, licensing opportunities, or other business policies. In such cases, the person may choose to either first file...

Standard Essential Patents - The Philips judgement & unanswered questions


By Sutapa Jana

Koninklijke Philips Electronics N.V. (Philips), being one of the first Standard Essential Patent holders to initiate SEP litigation in India, has secured a major victory in what is believed to be the first ever ‘post-trial’ judgment in an SEP litigation. Though the judgment has been embraced with enthusiasm by ...

Goodwill and reputation of trademark in India - Worldwide prior use plays significant role


By Ashna Pruthi

A Single Judge of the Delhi High Court vide its Order dated May 31, 2018 in the case of H&M Hennes & Mauritz AB & ANR v. HM Megabrands Pvt. Ltd. & Ors [IA No.7259/2016 in CS(COMM) No.707/2016, decided on 31-5-2018],  granted interim injunction to the plain...

Infringement or passing off in use of single colour as trademark



By Prince Bharti and Manoj Gupta


A Single Judge of the Hon’ble Delhi High Court, vide its order dated May 25, 2018 summarily dismissed a suit for trademark infringement and passing off on the ground that no legal cause of action is made out by the Plaintiff as the registered trademark does not qualify to be a tradem...

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