IPR Articles
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Contradiction & consensus: Mode of infringement of a cinematograph film
By Saksham Garg
Introduction
In
MRF Limited v.
Metro Tyres Limited,[Endnote 1] many important issues of law arose before the Delhi High Court regarding the extent of copyright infringement of cinematograph films under the Copyright Act, 1957 (the...
Dated: Jul 19, 2019
Dynamic injunction against ‘rogue websites’ in UTV case- Balanced remedy or excessive enforcement?
By Sudarshan Shekhawat
In a judgement
[see endnote. 1] delivered on April 10, the Delhi High Court has granted a ‘dynamic’ blocking injunction against certain websites publishing pirated films whereby the list of blocked websites can be updated as and when mirror websites are br...
Dated: Apr 30, 2019
Trademarks – Use of a generic prefix, how far effective
By R. Parthasarathy & Abhishek Yadav
The question whether a mark is descriptive or invented, has always been a contentious one. The Supreme Court in 1994 dealt with this issue in
J.R. Kapoor v. Micronix India. In the said judgement, the marks in question were MICROTEL and MICRONIX. Apart from other differences, th...
Dated: Mar 18, 2019
Punitive damages in trademark infringement suits
By R. Parthasarathy & Gunjan Hans
“The disobedience or breach of an injunction has to have consequences in law. If strict action is not taken, orders of Courts would not be complied with by litigants…” [End note 1]
In recent year...
Dated: Feb 26, 2019
Liabilities of an intermediary – The Indian perspective
By R. Parthasarathy & Godhuli Nanda
Electronic commerce or e-commerce, as is commonly known, is a transaction between the buyer and the seller which takes place online i.e. the purchase-sale of goods/services and not from physical brick and mortar shops, malls or kirana stores. The goods are sold through online platforms ...
Dated: Jan 10, 2019
Regularization of non-compliance with the Biological Diversity Act, 2002
By Dr. Deepti Malhotra & Dr. Malathi Lakshmikumaran
Biological diversity or biodiversity encompasses the entire species of plants, animals and microorganisms, including variability and their immense ecosystems
[See Endnote 1]. India is one of the megadiverse countries with hotspots...
Dated: Dec 17, 2018
Scope of Section 3(i): An analysis on diagnostic methods of treatment
By Dr. Deepti Malhotra and Dr. Malathi Lakshmikumaran
TRIPS and methods of treatment
Patentability of methods of treatment is a contested subject matter worldwide. Article 27 of the World Trade Organisation’s Trade Related Aspects of Intellec...
Dated: Nov 21, 2018
Foreign filing license – Some issues
By Dipan Banerjee and Ankur Garg
Any person (inventor or applicant) who is an Indian resident, may wish to file a patent application (an application) in foreign countries due to various reasons, such as market potential, licensing opportunities, or other business policies. In such cases, the person may choose to either first file...
Dated: Oct 11, 2018
Standard Essential Patents - The Philips judgement & unanswered questions
By Sutapa Jana
Koninklijke Philips Electronics N.V. (Philips), being one of the first Standard Essential Patent holders to initiate SEP litigation in India, has secured a major victory in what is believed to be the first ever ‘post-trial’ judgment in an SEP litigation. Though the judgment has been embraced with enthusiasm by ...
Dated: Aug 28, 2018
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