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Draft model guidelines on IPR policy for academic institutions released

12th September 2019

Cell for IPR Promotion and Management (CIPAM), Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry of India, has recently released draft model guidelines on implementation of IPR policy for academic institutions.

The draft describes as to how academic institutions c...

Trademark - Passing off in packaged water be treated same as in pharma

11th September 2019

Bombay High Court has held that in public interest, passing off in packaged drinking water should be dealt in a similar way as cases involving medicinal products, and a lesser burden of proof showing confusing similarity is required as against non-medicinal products.

It noted that the confusion is more likely in such cas...

Patents - Registration under Insecticides Act is not ‘prior publication’

2nd September 2019

Delhi High Court has held that just because an earlier registration under the Insecticides Act, was in favour of the plaintiff and later the defendant, it does not mean that the patented process was disclosed.

It noted that the defendant was not able to show that the steps in the process patent were disclosed previously.<...

Pharma patent – No interim injunction unless opinion on 3 elements and some additional feature

26th August

The Delhi High Court has held that it is not possible to apply an across the board approach to all cases of alleged infringement of patent, particularly pharmaceutical patent, where as a matter of routine at first hearing there would be grant of injunction.

The Court was of the view that the law concerning patent infringement un...

Use of same word in company name – Remedies available under both Companies Act and Trademarks Act

26th August

In a case involving use of word ‘Aglow’ in the corporate name also by the defendant, the Bombay High Court has granted permanent injunction against the defendant.

It observed that the defendant had no apparent reason for adopting a mark (with modification) belonging to the plaintiff and did not lead evidence as to ho...

Trademark in name of company – Use in a hologram not amounts to use any differently

26th August

The Delhi High Court has held that usage of a word mark in the hologram by the defendant would not amount to use of the word any differently from that of plaintiff.

The Court also noted that registration of word ‘TOASHA’ by the defendant was of the word mark in capital letters and not of hologram which  would no...

Sale of a Direct Selling Entity’s products on e-commerce platforms violates entity’s trademark

26th July

The High Court of Delhi has answered in positive the question as to whether the sale of a Direct Selling Entity’s products on e-commerce platforms violates the entity’s trademark rights or constitutes misrepresentation, passing off and results in dilution and tarnishes the goodwill and reputation of the entity’s brands.

Trademark - Adoption of prominent word of the label mark is infringement

24th July

The Delhi High Court has held that the adoption of prominent word of the label/device mark amounts to infringement. It observed that Section 17 of the Trademarks Act which confers exclusive right only to the use of the trademark as a whole is not applicable where the trademark contains matter common to trade or otherwise non-distinctive.

Copyrights – Architect cannot restrain building owner from demolishing it

20th June 2019

The Delhi High Court has held that the Plaintiff’s (architect’s) copyright in the work of architecture does not extend to any rights over the building based on the architecture such that plaintiff can seek damages for demolition of the said building.

The question before the Court was whether an architect, as autho...

Design registration – Argument of functional differences, not material

20th June 2019

The Calcutta High Court has upheld the Controller’s Order cancelling the design registration in respect of Coaster Brake Hub because it was not significantly distinguishable from the prior design of the Russian model published earlier (in Velo Bike Special Issue).

The Controller had opined that the modificatio...

Trademarks – Nutraceuticals are akin to medicines for test of passing off

11th June 2019

In a case involving registered trademark names of nutraceuticals with both products having ‘GLO’ as prefix, the Delhi High Court has held that mere fact that products are not pharmaceuticals, is not convincing for adoption of less stringent test for passing-off.

It held that just because the nutraceuticals are ter...

Trademarks – Passing-off when mark used in cognate and allied products

11th June 2019

In a case where Plaintiff and Defendant sold tea and biscuits respectively under the mark TODAY, Delhi High Court has held that adoption of the mark for biscuit, which is a cognate and allied product of tea, will result in deception thus passing off as both are served and consumed together.

The Court for this purpose ...

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