IPR Amicus

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

IPR Amicus, September 2024

Statute Update · Geographical Indications of Goods (Holding Inquiry and Appeal) Rules, 2024 notified

IPR Amicus, August 2024

The article in this issue of IPR Amicus, while exploring the subject, analyses various case law and the Intellectual Property Division Rules as issued by the Delhi High Court.

IPR Amicus, July 2024

The decision focused on two pivotal issues - whether the enhanced bioavailability data could be construed as proof of enhanced ‘therapeutic efficacy’, and the concept of ‘coverage v. disclosure’ in patent applications.

IPR Amicus, June 2024

The first article in this issue of IPR Amicus sheds light on the current Indian Patent Law associated with safeguarding Traditional Knowledge. It discusses various case law and the Indian Patent Office’s Guidelines for processing patent applications relating to traditional knowledge and biological material. According to the authors, keeping in view the recent time-honoured recognition given to traditional knowledge by the WIPO treaty, a statutory definition of the term as well as judicial interpretation of Section 3(p) of the Patents Act, 1970 can help both the Examiners and the Applicants.

IPR Amicus: May 2024

The article in this issue of IPR Amicus elaborately discusses a recent Madras High Court decision setting aside an order passed by the Assistant Controller of Patents and Designs which had refused the grant of a patent under Section 3(c) of the Patents Act, 1970.

IPR Amicus: April 2024

The Division Bench of the Delhi High Court has set aside the Single Bench’s order which had affirmed the Protection of Plant Varieties & Farmers' Rights Authority’s order of revocation of registration.

IPR Amicus: March 2024

One of the permissible ways of amendments to claims and/or specification is to incorporate suitable disclaimers during the patent prosecution and at the post grant stage.

IPR Amicus: February 2024

There are two discernible facets when a celebrity wants to protect their personality rights: first, the right to protect one’s image from being commercially exploited without permission by treating it as a tort of passing off; mainly termed as publicity rights.

IPR Amicus: January 2024

The first article in this issue of IPR Amicus covers a recent decision of the Madhya Pradesh High Court which has held that a suit for infringement of Geographical Indication tags is maintainable.

IPR Amicus: December 2023

The article in this issue of IPR Amicus discusses a recent Madras High Court decision against a refusal order for registration of the mark ‘Inimox’ considering an opposition by the owner of mark ‘Imox’.

IPR Amicus: November 2023

The article in this issue of IPR Amicus explores the scope of patentability and infringement concerning product-by-process claims with a specific emphasis on the recent two decisions of the Delhi High Court.

IPR Amicus: October 2023

Dr. Katalin Kariko and Dr. Drew Weissman have been named the winners of the 2023 Nobel Prize in Physiology and Medicine for their innovations concerning nucleoside base modifications that enabled the development of effective mRNA vaccines against COVID-19.

IPR Amicus: September 2023

Draft Patents (Amendment) Rules, 2023 notified

IPR Amicus: August 2023

In recent years Geographical Indications (‘GIs’) has emerged as one of the most important instruments for protecting the ‘quality, reputation or other character of goods essentially attributable to their geographical origin’.

IPR Amicus: July 2023

The article in this issue of IPR Amicus discusses a recent decision of the Hon’ble Calcutta High Court which has set aside an order passed by the Controller of Patents and Designs refusing the grant of patent for treatment of a plant disease,

IPR Amicus: June 2023

The article in this issue of IPR Amicus discusses the application of the Swissness Act, 2017 which regulates the use of Swiss symbols or labels which associate the products and services with Switzerland.

IPR Amicus: May 2023

The article in this issue of IPR Amicus examines a recent decision of the Delhi High Court, where the High Court has redefined the boundaries of permissible claim amendments for overcoming the objections on non-patentability especially Section 3(i) of the Patents Act, 1970, without jeopardizing the requirements of Section 59.

IPR Amicus: April 2023

The article in this issue of IPR Amicus analyses two decisions of the Delhi High Court which have adjudicated patentability of the species patent with respect to the genus patent as part of infringement proceedings.

IPR Amicus: March 2023

The article in this issue of IPR Amicus discusses a recent landmark Judgement passed by the Delhi High Court in the matter of Allergan Inc v. The Controller of Patents.

IPR Amicus: February 2023

The first article in this issue of IPR Amicus examines a recent Delhi High Court decision against an order passed by the Controller of Patents and Designs refusing the grant of the Appellant’s patent application for lacking inventive step.

IPR Amicus: January 2023

In continuation of the article published last month in IPR Amicus, the article in this issue of newsletter further discusses the evolving law around Divisional Applications in India.

IPR Amicus: December 2022

The article in this issue of IPR Amicus discusses elaborately the evolving jurisprudence of Divisional Applications in India. The article notes that in India, a divisional application under Section 16 of the Patents Act, 1970 may be pursued...

IPR Amicus: November 2022

The article in this issue of IPR Amicus discusses the prescribed timelines set under the Patents Act, 1970 and the Patent Rules, 2003, and throws insights on the flexibility of timelines set forth under different orders.

IPR Amicus: October 2022

The article in this issue of L&S IPR Amicus discusses a peculiar situation where a trademark of one proprietor is found to be infringed by another, by use of recycled bottles or containers of that proprietor for sale of goods or products by the latter in those recycled containers.

IPR Amicus: September 2022

A literal assessment of claims against the alleged infringement may at times allow an infringer to find an easy workaround. To avoid such a travesty from befalling the patentee, the Courts have devised tools where even if the literal language of the patent claim is not infringed, the rights of the inventor may be safeguarded.

IPR Amicus: August 2022

Territorial protection of trademarks often results in ‘squatting of trademarks’ in countries where the trademark does not have any presence or is not commonly known to the general public.

IPR Amicus: July 2022

The first article in this issue of IPR Amicus analyses the dilemma relating to single colour trademarks in India. It observes that a literal interpretation of the statutory provisions leads to a straightforward conclusion that a single colour cannot be applied as a trademark.

IPR Amicus: June 2022

The article in this issue of IPR Amicus deals with a noteworthy decision of the Indian Patents Office on the pre-grant opposition under Section 25(1) of the Patents Act, 1970.

IPR Amicus: May 2022

The article in this issue of IPR Amicus analyses a recent decision of the Delhi High Court wherein the Court determined as to whether the Domain Name Registrars (Defendants) can be categorised as alleged infringers, by virtue of them offering, for registration, domain names that were similar to the Plaintiff’s registered trademarks.

IPR Amicus: April 2022

The first article in this issue of IPR Amicus discusses a recent Delhi High Court decision reiterating the principle encapsulated in Section 124 of the Trade Marks Act, 1999 while also clarifying the scope of Section 124(5).

IPR Amicus: March 2022

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...

IPR Amicus: February 2022

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.

IPR Amicus: January 2022

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.

IPR Amicus: December 2021

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.

IPR Amicus: November 2021

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.

IPR Amicus: October 2021

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.

IPR Amicus: September 2021

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.

IPR Amicus: August 2021

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...

IPR Amicus: July 2021

The article in this issue of IPR Amicus discusses the puzzle in choosing between the ‘Rule of Anti-Dissection’ and the ‘Rule of Dominant Feature’, both being used at present while adjudging the deceptive similarity between two composite trademarks.

IPR Amicus: June 2021

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.

IPR Amicus: May 2021

Considering the situation of shortage of drugs and other resources to combat Covid-19, India and South Africa have jointly requested for a TRIPS waiver.

IPR Amicus: April 2021

Comparative advertisement may often lead to a legal tussle under the Indian Trademark Law. The article in this issue of IPR Amicus discusses elaborately the recent decision of the Single Judge of the Bombay High Court in Hindustan Unilever Limited and Another v. USV Private Limited which has since been upheld by the Division Bench and maintained by the Supreme Court.

IPR Amicus: March 2021

A registered proprietor of a trademark is required to remain cautious with respect to misuse of the trademark by others, failing which the registered proprietor may be disentitled from taking any legal action against the alleged offenders.

IPR Amicus: February 2021

The article in this issue of IPR Amicus discusses elaborately a recent decision of the Delhi High Court on the question as to whether the communication of a sound recording to the public also amounts to communication of the literary and musical works embodied in the sound recording to the public.

IPR Amicus: January 2021

The article in this issue of IPR Amicus discusses at length the recent decision of the Intellectual Property Appellate Board (‘IPAB’) in the case of Wisig Networks Private Limited v. Controller.

IPR Amicus: December 2020

The article in this issue of IPR Amicus discusses elaborately, the recent decision of the Intellectual Property Appellate Board reaffirming the importance of the principles of natural justice in judicial and/or quasi-judicial decisions, whilst also clarifying aspects of patent law with respect to cited prior art documents and description of the invention.

IPR Amicus: November 2020

Elaborately discussing various IPAB Orders, including the 2011 decision in the case of LG Electronics and the very recent decision in the case of Esco Corporation, the article in this issue of IPR Amicus examines several issues involving divisional applications.

IPR Amicus: October 2020

The article in this issue of IPR Amicus elaborately discusses a recent decision of the Intellectual Property Appellate Board (‘IPAB’) wherein the IPAB allowed the appeal challenging the revocation of Indian Patent No. 262968 by the Joint Controller following post-grant opposition proceedings.

IPR Amicus: September 2020

The article in this issue of IPR Amicus discusses at length the recent decision of the Intellectual Property Appellate Board (‘IPAB’) in the case of Stempeutics Research Pvt. Ltd. v.

IPR Amicus: August 2020

The Delhi High Court recently granted an ad-interim injunction to the plaintiff and restrained the defendants, from using the mark “DMW” or any other mark which is identical or deceptively similar to the plaintiff’s “BMW” trademarks.

IPR Amicus: July 2020

Since February 2020, the Covid-19 (also known as Coronavirus) pandemic has been a major talking point and consequently many pandemic referenced words are being used as trademarks and are being filed for registration at Trademark Registries worldwide.

IPR Amicus: June 2020

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.

IPR Amicus: May 2020

The article in this issue of IPR Amicus elaborately discusses a recent decision of the Bombay High Court which, while dealing with the issue of disparagement by a video blogger, laid down the principles by which any such video or any statement can be considered to be defamatory.

IPR Amicus: April 2020

A Single Judge of the Delhi High Court recently examined whether trade secret protection can be granted to know-how with respect to a particular invention that has been patented outside India. The Court held that the Defendants cannot be said to be committing passing off with respect to the know-how of the Plaintiff no.1 passed to the Defendants since know-how/trade secret/confidential information is not a ‘property’ and no relief in rem can be claimed with respect to it.

IPR Amicus: March 2020

The Delhi High Court recently held that once a person has contributed to any cinematographic film in any manner, then as per the moral rights, he/ she has right to paternity. The Single Judge upheld an order of the Trial Court granting mandatory interim injunction in favour of the Plaintiff.

IPR Amicus: February 2020

Two co-ordinate Single Judge Benches of the Delhi High Court have recently arrived at opposing conclusions as to whether to grant interim injunction or not in favour of the Plaintiffs/Patentee in a batch of patent infringement suits in relation to a pharmaceutical composition.

IPR Amicus: January 2020

The article in this 100th issue of IPR Amicus elaborately discusses a recent decision of the Delhi High Court on patentability of computer related inventions (CRIs). The High Court has reiterated the principle that if the invention demonstrates a “technical effect” or a “technical contribution”, it is patentable even though it is based on a computer program. The Court pointed out that the effect which the computer program produces is crucial in determining patentability.

Recent Articles

Fact Check Unit amendment invalidated – Intermediaries in the line

Applicability of Doctrine of Merger between intimation under Section 143(1) and assessment order under Section 143(3)

Recent News

Extension of time limits provided by TOLA applies to limitation period provided for reopening of assessment and for grant of sanction

GST – ITC is available on construction of ‘plant’ for letting out

Compressors used in car air-conditioners are classifiable under TI 8414 80 11 – SC decision in Westinghouse distinguished

GST Council’s recommendation is mandatory if Central/State Act stipulates an act to be done on such recommendations

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