By Vindhya S. Mani The Division Bench of the Delhi High Court vide its recent order dated 7th November, 2014 in Maj. (Retd.) Sukesh Behl & Another v. Koninklijke Philips Electronics [FAO (OS) No. 16 of 2014] upheld the order of the Single Judge of the Delhi High Court [2013 (56) PTC 570 (Del)] holding that revocation of a patent is not automatic under Section 64(1)(m) of the Patents Act, 1970...

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...

By Sarita Rout The Chancery Division of the Community Trade Mark Court recently decided [see end note 1] against Victoria's Secret UK Ltd. [hereinafter referred to as the 'defendant'] in an infringement action brought by Thomas Pink Ltd. [hereinafter referred to as the 'claimant'] in respect of its registered trade marks in European Union and a series of two marks in United Kingdom [hereinaft...

By Vindhya S. Mani The Division Bench of the Bombay High Court by its recent order [see end note 1] dated 15th July, 2014 upheld the order of the Intellectual Property Appellate Board (IPAB) [see end note 2] dated 4th March, 2013 granting a compulsory license to Natco Pharmaceuticals (Natco) under Section 84 of the Patents Act, 1970 (the Act). The compulsory license was granted to Natco to ma...

By Vindhya S. Mani A license agreement or an assignment deed is an agreement between a right holder and the licensee and/or assignee wherein the right holder permits the licensee and/or assignee to use rights owned by the right holder in exchange for a consideration, whether in the form of a one-time settlement or a periodic royalty. Generally an agreement may be in writing or oral but Sectio...

By Jasneet Kaur       A Division Bench of the Delhi High Court in a recent decision dated 10-12-2013 held that the television commercial which compares the product ‘Pepsodent Germicheck’ with ‘Colgate ST’ is not per se disparaging. However, the print advertisement published by the respondent (Hindustan Unilever Limited or ‘HUL’) involving the same comparison was held as prima facie disparag...

By Subhash Bhutoria       Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property. This article briefly discusses the said emerging trend of protecting property rights through common law rem...

By Anupama Ravindran and Sribindu Chivukula     Introduction           After arriving at an invention, it is often the case that there is an improvement or modification of the invention. The improvements or modifications may happen as a natural process of improving an invention, or as a result of feedback received from the market or the industry. In such cases, where the invention is alre...

By Someshwar Banerjee & Aruna Verma       Introduction         Post-dating means to change the priority date of a patent application to a later date. The Indian Patents Act facilitates a patent application, whether provisional or non-provisional, to be post-dated under Section 17 of the Patents Act, 1970, to a maximum of six months, from the date of making of such application, provided th...

By Iype Mathew                     One of the special features of the negative list based service tax regime, introduced with effect from 1st July, 2012, is the introduction of the concept of declared services (Section 66E of the Finance Act, 1994).  Declared services, which are actually described in 9 serial entries, are required to be treated as ‘service’ for the purposes of the Finance Ac...

合伙人，新德里

Anil Dutt领导新德里的知识产权诉讼团队。在包括最高法院、各种高等法院、地区法院和其他法定审裁处、准司法法庭前处理诉讼事项方面，他拥有超过10年的丰富经验。他从包括商业诉讼等各个领域的诉讼中汲取力量。他也对国内和国际的仲裁程序拥有丰富经验。

在L&S律师事务所，他的团队建议和管理许多客户的知识产权投资组合。他活跃参与专利诉讼、与植物品种保护有关的诉讼和知识产权的边境执行。他在知识产权和商业法律的专业知识使得他和他的团队能...

联合导演，新德里

Konpal Rae在L&S的知识产权部门担任联合主任。她与各大国内和跨国客户紧密工作。她的经验和专业知识包括起草专利申请以及为客户提供分析。在L&S事务所，Konpal负责关于规划和执行知识产权策略。她也与D.P. Vaidya先生一起处理L&S各个不同的工程师团队的所有行政工作。在加入L&S之前，Konpal在印度联合利华研究中心担任4年的助理研究员。Konpal负责有关技术方面的专利，包括软件和电子产品以...