IPR News

11th May 2017

The plaintiff claimed that its copyright in the format/elements of a reality show to identify children with acting talent was infringed by the defendant who had also produced a show aimed at identifying talented children.

The plaintiff produced a production bible which laid out the format of the show, its thematic concept, var...

21st March 2017

Summary :

Before the Full Bench of High Court of Bombay, in the case of Cipla Limited v. M/s Cipla Industries Pvt. Ltd., the question pertaining to the use of a registered trademark as a corporate name in case of dissimilar goods was brought by way of reference from the Single Judg...

21st March 2017

Summary:

By Judgment & order dated March 08, 2017, a Single Judge of the Delhi High Court interpreted the exemption to infringement under Section 107A of the Patents Act, 1970 (Act) to hold that said exemption permits exports from India of a patented invention solely for uses reasonably related ...

A two-judge bench of the Hon’ble Delhi High Court, in HPL (I) Ltd. v. QRG Enterprises [FAO (OS) (COMM) No. 12/2017], has recently issued a ruling limiting the types of orders from which an appeal is permitted for a Commercial Dispute governed by the recently enacted Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act, 2015 (...

7th February 2017
 
Facts in brief :

Plaintiff, Bayer Intellectual Property GmBH, is a company incorporated under the laws of Germany. The plaintiff is the owner of patents IN 225529 and IN 188419 that relate to drugs VARDENAFIL and VARDENAFIL HYDROCHLORIDE respectively. The plaintiff filed an infringement sui...

7th February 2017
 
Facts in brief :
 
Plaintiff, Intas Pharmaceuticals Ltd, is a registered user of trademark “GABAPIN”. “GABAPIN”, in 1997, was adopted for marketing its medicinal product containing a chemical compound known as “Gabapentine”. Defendant, Macleods Pharma...

25th January 2017

The Intellectual Property (Unjustified Threats) Bill introduced in May 2016, passed the stage of Second Reading earlier this month. It will now be considered by a Public Bill Committee before it proceeds for Third Reading and amendments if any.

The Bill seeks to amend the existing provisions as regards safeguard against gr...

25th January 2017

A Division Bench of the Delhi High Court on 23-12-2016 has reversed a decision of the Single Judge on the issue of liability of an intermediary in copyright infringement. The appellant in case of Myspace Inc. v. Super Cassettes Industries Ltd, was a service provider providing free platform for uploading of audio or video along with other...

25th January 2017

A Division Bench of the Delhi High Court on 4-1-2017  has set aside the decision of the Single Judge and returned the plaint on the grounds that the Plaintiff No. 2 being a ‘permitted user’ as defined under Section 2(1)(r)(ii) of the Trade Marks Act, 1999 could not have instituted the suit by virtue of Section 52 of the ...

25th January 2017

A Single Judge  of the High Court of Delhi on 24-12-2016  has granted interim injunction in favour of the plaintiff observing that they had established a strong prima facie case for priority showing prior use and goodwill in the mark ‘Aqua’ in relation to mobile phones.

The Court in this case...

22 December 2016

In the decision dated 16-9-2016, a Single Judge Bench of Delhi High Court had held that reproduction of any copyrighted work by the teacher for the purpose of imparting instruction to the pupil as prescribed in the syllabus during the academic year would be fair use within the meaning of Section 52(1)(i) of the Copyright Act and hence wou...

22 December 2016

Bombay High Court has, in a case of design infringement and passing off, granted an interim injunction order in favour of the plaintiffs. The case pertained to a design registration on copper tubes obtained by the plaintiffs, which the defendants, who were previously associated with the Plaintiffs, were allegedly infringing. The Court on ...