The article discusses elaborately the recent decision of the Delhi High Court where the Court applied the concept of Doctrine of Equivalence to arrive at the finding of a prima facie case of infringement and also dismissed the exemption of parallel import under Section 107A(b) of the Patents Act, 1970 (‘Act’). Relying on the experts’ report, the Court narrowed...

Indian Courts have number of times recognized that rights of the prior user in relation to the goods/services are superior to the rights of the registered proprietor in relation to the identical/similar goods/services. The article in this issue of IPR Amicus analyses Section 34 of the Trade Marks Act, 1999 which keeps on a higher ground the rights of a prior user of the mark than that of the registered proprietor of a trademark who is granted registration later.

The article in this issue of IPR Amicus elaborately discusses a recent Delhi High Court decision wherein the Court has emphasised that the literal rule of interpretation should be applied while interpreting patent claims.

Amendments to a patent application form an essential element in demarcating the scope of inventions. The article in this issue of IPR Amicus provides a comprehensive guide on the scope of claim amendments allowed in the Indian Patent regime. It focuses on the relevant aspects which must be kept in mind when applicants/patentees wish to file claim amendments.

A domain name can be used to uniquely identify an entity and can function as a source identifier on the world wide web. Elaborating on the anatomy of a domain name and the its registration, the author points out that second-level ‘names’ of the domain names are registerable under the Trade Marks Act, 1999 however, the authorities register domain names on a ‘first come first serve’ basis, sans a thorough conflict check.

The article in this issue of IPR Amicus elaborately discusses a recent decision of the Delhi High Court wherein the Court clarified that the mere coverage in every case does not result in obviousness. It also confirmed that the patent applications related to selection inventions may be granted, provided they satisfy three conditions.

The article in this issue of IPR Amicus analyses an Order by the Intellectual Property Appellate Board (IPAB) on the issue of patent eligibility of computer-related inventions under Section 3(k) of the Patents Act.

The article discusses the increasing trend among companies and individuals to go for unconventional or non-traditional trademarks. The authors note that while colour, sound, shape of goods, smell, motion, taste, touch/texture, and hologram marks are recognized in foreign jurisdictions...

Article in June 2020 issue of IPR Amicus discusses elaborately the recent decision of the Delhi High Court in the case of Monsanto Holdings Pvt. Ltd. and Ors. v. Competition Commission of India and Ors.

The article in this issue of IPR Amicus discusses an IPAB decision wherein the Appellate Board has set aside the revocation order which was a result of post-grant opposition proceedings.