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IPR Amicus, September 2024

Statute Update

  • Geographical Indications of Goods (Holding Inquiry and Appeal) Rules, 2024 notified

Ratio decidendi

  • Patents – IPO must give reasons for not adopting foreign patent of same invention where same prior arts were tested – Madras High Court
  • Patents – Specification contents – Sections 10(4) and 10(5) when not violated – Madras High Court
  • Patent not deniable under Section 3(d) if ‘known process, machine, or apparatus’ is not identified – Delhi High Court
  • Trademarks – Simultaneous and independent trial of rectification petition and commercial suit – Madras High Court
  • Trademarks – Declaration as ‘well-known mark’ in other jurisdictions – Rectification of defendant’s mark in different class even if petitioner’s mark not ‘well-known mark’ in India – Madras High Court
  • Copyrights – Goa Circular clarifying that performance of musical works at weddings is not liable for copyright infringement, quashed – Bombay High Court

News Nuggets

  • Patent for a device incorporating some computer application is not deniable under Section 3(k)
  • Trademarks – Bombay High Court grants interim relief to Burger King
  • Trademarks – Delhi High Court injuncts Italian firm from using ‘Amuleti’
  • Trademark in movie title – ‘Aashiqui’ prima facie is neither generic nor common to trade
  • Disparagement – Bombay High Court grants interim relief against ads negatively portraying Horlicks Diabetes Plus
  • Crayola trademarks the smell of its crayons
  • Coffee-flavored lipstick – US coffee giant sued again for alleged concept theft
  • Copyrights – Shein sues Temu over copyright infringement
  • GI status granted to scotch whisky by Brazil
  • ‘Boroline’ declared a well-known trademark
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