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Infringement or passing off in use of single colour as trademark



By Prince Bharti and Manoj Gupta


A Single Judge of the Hon’ble Delhi High Court, vide its order dated May 25, 2018 summarily dismissed a suit for trademark infringement and passing off on the ground that no legal cause of action is made out by the Plaintiff as the registered trademark does not qualify to be a tradem...

Trends in applying Section 124 after ‘Patel Field Marshal’ judgement


By Sudarshan Singh Shekhawat

Section 124 [see End Note 1] of the Trademarks Act, 1999 (the Act) provides for the possibility of stay of a trademark infringement suit in case there is a challenge to the registered trademark which is the subject matter of the suit. The seemingly simple provision (including its predecessor Section 111 of the old 1958 ...

No Copyright in the Title of a Cinematographic Film


By Aditya Kaushik

The Division Bench of the Madras High Court, in February 2018, dealt with the concept of copyright protection of Title of Cinematographic Film in the case of M/s Lyca Productions v. J.Manimaran & Ors. ​[see Endnote No. 1] Appellant (M/s Lyca Productions) was restrained by an Order dated 19-2-2018 of the Single Judge i...

Protection of designs vis-à-vis newness and originality


By Godhuli Nanda

There is required sufficient novelty and originality for a completely new creation to come into existence as a design, and only thereafter would the design be said to be one which is capable of being protected as a design under the Indian Designs Act. It is also pertinent to note that the meaning of the words “novel or ...

Rights of author in literary work and producer of cinematograph film - Scope in context of “dubbing” and “remake”


By Vindhya S.Mani

In one of the first decisions of its kind, the Division Bench of the Hon’ble Madras High Court in the case of Thiagarajan Kumararaja v. Capital Film Works (India) Pvt. Ltd. & Anr.[See Endnote. 1]  firstly held that “dubbing” of a cinematograph film does not constitute t...

Scope of Section 3(h) of the Patents Act, 1970 - An analysis


By Dr. Shravan S. Acharya and Dr. Prosenjit Chattopadhyay

Chapter II of the Indian Patents Act, 1970 (hereinafter the “Act”) enlists Inventions not patentable. Section 3(h) of the Act mandates that “a method of agriculture or horticulture” as non-patentable subject matter.

Backg...

Section 59 of the Patents Act, 1970 – Scope of amendments


By Aruna Verma

Introduction

Amendments of patent applications may involve amending any portion of either the complete specification, or any information pertaining to such patent application. Such amendments may be made at any time during a life cycle of a patent application. These amendments may be made ei...

Kymriah®, a revolutionary drug to induce treatment remission in recalcitrant cancers


By Malathi Lakshmikumaran

In an unprecedented historic action, the US Food and Drug Administration (FDA) and Oncologic Drugs Advisory Committee (ODAC) unanimously approved CTL019 (tisagenlecleucel) or Kymriah®, an investigational chimeric antigen receptor T cell (CAR-T) therapy. Kymriah® has been approved for its use in the treatment of r...

Groundless infringement threats

By Aruna Verma

An introduction to Section 106 – Patents Act, 1970

Intellectual Property (IP) rights ensure that innovation is rewarded and encouraged. In recent times, there has been a proliferation of the IP rights, and a single product may be protected by a multitude of ways, suc...

Patent refusal for Enzalutamide: An overview

By Dr. Prosenjit Chattopadhyay & Archana Viswanathan

Enzalutamide, marketed by the name ‘Xtandi’, is a prescription medicine for treating men with metastatic castration-resistant prostate cancer [see End Note 1]. Enzalutamide was invented at the University of California, Los Angeles (UCLA). UCLA has patent rights for Enzalutamide in 50 ju...

Guidelines for patentability of computer related inventions – Is this the final chapter?


By Prashant Phillips
 
Introduction

The Patent Office has released another revised version of Guidelines for Examination of Computer Related Inventions (CRIs). The revised version thus modifies the Guidelines which were published in February 2016.

Patentability of computer-related invent...

Virtual patent marking and deemed notice


By Sudarshan Singh Shekhawat

One of the defences available to a defendant in a patent infringement suit for avoiding damages, is that he/she was unaware of the existence of the patent(s) alleged to be infringed.  This is not available for avoiding injunction. This is enshrined in Section 111(1)[see end note 1] of the Patents Act, 1970 (...

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