Lakshmi Kumaran & Sridharan AttorneysAn ISO 9001 / 27001 certified law firm

IPR News

Search From Date To Date
Green dot inside a square symbolizing vegetarian food cannot be copyrighted

22 August, 2014 Allahabad High Court has quashed the order granting injunction restraining the defendants-appellants (Apex Laboratories Pvt. Ltd.) from using the “green dot” on the label of the packaging of its product “Zincovit Syrup”. The court in this regard held that green dot inside a square outlined by green colour is a symbol for which copyright cannot be claimed by anybody as the symb...

Registration under Section 33(3) of Copyright Act essential to administer license

28 July, 2014 The Bombay High Court on 26-6-2014  has held that only a society registered under Section 33(3) of the Copyright Act, 1957 (amended in 1994), can carry on the business of issuing and granting licenses. The plaintiffs (Leopold Café) had been served notices in respect of certain ‘public performance’ of copyrighted material by the defendant (Novex Communications). The plaintiffs...

Public performance when content is provided to individual viewers

28 July, 2014 The US Supreme Court on 25-6-2014 held that in enabling subscribers to view broadcast of copyrighted content, using individual antennae, both elements of ’performance’ and ‘public’ were satisfied and such activity amounted to infringement.  In the instant case (American Broadcasting Companies v. AEREO), the defendant transmitted content by means of individual antenna to subscrib...

Bombay High Court upholds grant of compulsory licence for cancer drug

28 July, 2014 The Bombay High Court on 15-7-2014 has upheld the decision of the Controller and IPAB to grant compulsory licence (CL) for a cancer drug. The court in this regard, considering the TRIPS Agreement, Doha Declaration and various provisions of the Patent Act, 1970, rejected the writ petition filed by the patent holder (Bayer Corporation). Submission that efforts to obtain voluntary ...

US Supreme Court reiterates inherent exception to patentability and test of inventive step

26 June, 2014 In Alice Corporation Pty. Ltd. v. CLS Bank International, decided on 19-6-2014, the US Supreme Court held that the respondent patents – method claim were invalid. It reasoned that using a computer to implement the steps of process does not transform abstract idea into a patent-eligible invention. Third party mediated settlement – fundamental economic practice The patents at ...

No inducement to infringe without direct infringement

20 June, 2014 Reasoning that protection under patent laws is for a set of claimed elements, the Supreme Court of USA has on 2-6-2014 held that when there is no direct infringement, a person cannot be liable for inducing infringement. Also, a method patent is not infringed unless all the steps are carried out.  Several steps in the process of delivering electronic data through Content Delivery...

Reasonable expectations on Non-Violate clause in TRIPS agreement

20 June, 2014 The USA has called for ending the moratorium on complaints based on the non-violate clause in the TRIPS agreement. The  Nullification of benefits clause or non violate clause (NV clause) as provided in Article XXIII enables a member to bring a complaint against another who has by any measure, which even while not in violation of WTO agreements, has nullified or impaired the bene...

Digital fair copies of copyrighted material

20 June, 2014 An opinion and a judgement, on either side of the Atlantic Ocean published within a span of five days dealt with exceptions from copyright available to institutions when books  – copyrighted or  otherwise were digitised and made available to the public. In the case before CJEU, the Advocate General opined in Case C-117/13 on 5-6-2014 that Member States may authorise libraries ...

Method claims - SC rules on inducement & infringement

11 June, 2014 The US Supreme Court, on 2-6-2014, held that the petitioner was not liable for inducing patent infringement when it required third parties (customer) to carry out certain steps of the process covered by the method patent of the respondent [Limelight Networks Inc v. Akamai Technologies, No. 12–786]. Both parties were involved in delivering electronic data through Content Delive...

Copyright of design when the same not registered under Designs Act

26 May, 2014 Drawing/design which is an artistic work under the Copyright Act, as also under the Designs Act, 2000, if not registered under the latter Act, will have protection under the Copyright Act only till the design is used not more than 50 times by an industrial process to produce an article. Deliberating on provisions of Section 15(2) of the Copyright Act, 1957, the Delhi High Court i...

Cleaning up advertisements

22 April, 2014 Businessmen should perhaps perfect the art of conveying only pleasant truths. While in the above cases, the words did not move beyond mere lauding, in Reckitt Benckiser v. Hindustan Lever Limited, the words/combination of and the depiction travelled far beyond – to disparagement. The comparison between products bathing soap and antiseptic liquid on one hand and rival cleansing ...

Combining words to allure, inform and also to be purely functional as a mark

22 April, 2014 A mere laudatory expression cannot be trademarked. It should be something more, but not just informational though it may be identified with the goods. The applicant (in re Innovation Ventures, LLC, 25-3-2014), found out that it can be quite difficult to write an advertising slogan which would laud, inform and also serve to identify source of goods. His slogan ‘HOURS OF ENERGY N...

Page(s) 1 2 3 4 5 6 7 8 9 
Please refer 'Archives' section to see older items.
Search People
Search People
Alphabetical by First Name
A|B|C|D|E|F|G|H|I|J
K|L|M|N|O|P|Q|R|S|T
U|V|W|X|Y|Z
Enter at least a name or a keyword to search