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IPR Amicus: September 2023

Statute Update

  • Draft Patents (Amendment) Rules, 2023 notified

Ratio decidendi

  • Patents - Divisional applications - Objections under Section 16 are not sustainable in case of system-centric divisional application arising from method-centric parent application - Delhi High Court
  • Trademarks - Reference to a mark in news article does not constitute its use by the proprietor of the mark - Delhi High Court
  • Trademarks - User date - Difference between user date as claimed and as evidenced, when not material - Delhi High Court
  • Trademarks - Petition for removal/rectification/cancellation of trademark not necessarily to be filed before the High Court having territorial jurisdiction over Registry where mark registered - Delhi High Court

News Nuggets

  • Trademark - Plea of invalidity of plaintiff’s mark, for purpose of Section 124(1)(a), whether necessary to be taken up in written statement filed in response to suit
  • Trademarks ‘GM’ and ‘GMT’ are deceptively similar
  • Trademarks - Use of polo player device when not leads to deceptive similarity
  • Trademarks - Word ‘ELEMENTIN’ is not phonetically similar to ‘ELEMENTAL’
  • Trademarks - Mark ‘PANTOPACID’ prima facie infringes mark ‘PANTOCID’
  • ‘Betnesol’ declared well-known mark in respect of pharmaceutical and medicinal items
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