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' Willful or deliberate suppression’ standard under Section 8 of the Patents Act

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...

Use as trade mark sine qua non to claim honest concurrent use

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...

Trademark battle over the word “PINK”

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...

Compulsory license – High Court upholds IPAB Order

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...

Registration of license / assignment deed under the Patents Act - Mandatory or not?

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...

Is new hardware required for patenting computer implemented inventions in India?

By Jaya Pandeya Introduction Interpretation of Section 3(k) of the Patents Act, 1970 (the Act) that imposes an absolute bar on patentability of business methods, mathematical methods, algorithms and computer programs per se continues to remain a contentious issue for applicants and IP professionals in India. The Manual of Patent Office Practice and Procedure (MPPP) [see end note 1] provid...

Issue of design-copyright interface – A ‘triable issue’

By Jasneet Kaur & Sarita Rout The High Court of Madras, in a recent decision in the matter of Standard Corporation India Inc., v. Tractors and Farm Equipment Ltd [see end note 1]., had an occasion to consider the popular issue of interface between copyright and design protection in case of an artistic work. Tractors & Farm Equipment Ltd. (hereinafter referred to as “TAFE”) filed a suit for ...

Trademark – Prosecution under PMLA for alleged infringement

By Prashant Reddy Introduction In a new dimension to enforcement of trademark rights in India, the Enforcement Directorate (ED) of the Government of India has reportedly initiated action against two firms for allegedly infringing the registered trademarks of the public sector enterprise, Steel Authority of India Ltd. (SAIL). As per news reports, the alleged infringers were conversion agen...

Patents (Amendment) Rules, 2014 – Certain issues with the definition of small entities

By Prashant Reddy & Adarsh Ramanujan Introduction On February 28, 2014 the Indian Patent Office (IPO) notified the Patents (Amendment) Rules, 2014 (“Rules”). These Rules are based on the earlier draft Patents (Amendment) Rules, 2013 which were published on May 6, 2013. The amended rules have come into effect from February 28, 2014. When the draft rules had proposed a substantial fee hike ...

Patents Act – IPAB re-emphasizes compliance with Sections 14 and 15

By Vindhya S. Mani The Intellectual Property Appellate Board (IPAB) by its recent orders [see end note 1] dated 20th January, 2014 and 23rd January, 2014, set aside the orders of Assistant Controller rejecting the patent applications for a "sterile pharmaceutical composition" [see end note 2] and a "crystalline polymorph of a bisulfate salt of a thrombin receptor antagonist" [see end note 3] ...

Delhi High Court rules on disparagement of trademark

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...

Scope of ENV under PVP Act vis–a-vis the Seeds Act

By Vindhya Srinivasamani & Sudarshan Singh Shekhawat The Registrar, Plant Varieties Authority at New Delhi, vide its recent order of October 28, 2013 has held that parental lines of extant varieties [Extant (Notified) Variety - ENV] notified under Section 5 of the Seeds Act, 1966 (ENV) cannot  ipso facto be considered as  ENV  under Section 2(j)(i) of the Protection of Plant Varieties and Far...

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