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

By Prashant Phillips

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 (...

No copyright protection in drawings used on large scale without design registration

By Aditya Kaushik

A Single Judge of the Delhi High Court, in April 2017, dealt with the concept of copyright protection in designs in the case of Holland L.P. & Anr. v. A.D. Electro Stell Co.Pvt. Ltd [see end note 1]. This is a suit where plaintiffs (Holland L.P. & their Indian licensee) alleged infringemen...

Assessing ‘Likelihood of Misrepresentation’ in matters of passing off

By Vindhya.S.Mani

Indian Courts have predominantly applied the test, termed as the ‘Classical Trinity factors’ as set out in the landmark House of Lords decision in Reckitt & Colman Products Ltd v Borden Inc. [1990] 1 All ER 873, to determine whether a defendant was passing off his goods as that of the plaintiff&...

Design infringement - Liability of intermediary & Information Technology Act

By Godhuli Nanda

The term ‘intermediary’ in legal terminology and as per the Information Technology Act, 2000 means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, internet service providers, online-auction...

Trademarks - Well-known mark associated solely with the proprietor

By Tulika Pandey

In December, the Delhi High Court granted permanent injunction in favour of Mother Dairy (the Plaintiff) in Mother Dairy Fruit and Vegetable versus S.K. Rahee [see end note 1]. Mother Dairy instituted a suit in 2010 against S.K.Raheem pleading that use of  the logo mark “VINAY MILK” amounts to t...

World famous or not -Trans-border reputation in trade marks

By Kumudavalli Seetharaman

Trans-border reputation as the name suggest means reputation that has spilled over to other jurisdictions wherein there is neither use of the trade mark in question nor the trade mark registered. The general position in India is that trans-border reputation protects global reputation of the goods that have not even ente...

Secrecy directions in designs

By Dipan Banerjee & Dr. Gaurav Gupta

Most of us are familiar with provisions in Patents Law related to secrecy directions [see end note 1] on inventions relevant for defence purposes and the security of India; however, similar secrecy directions are also provided under the Designs Law [see end note 2]. This article highlights the provisions i...

Doctrine of lifting of corporate veil in trademark law

By Rishika Sharath

Corporate personality is considered as one of the most dynamic concepts of company law. It is premised on the principle that a company is regarded as an entity distinct from the shareholders constituting it. Recently, the Karnataka High Court indirectly applied this doctrine in the field of trademark law.

Trade-dress Infringement - It’s all about the looks

By Kumudavalli Seetharaman

The Indian Trade Marks law has no explicit provision relating to trade dress. However, the same is impliedly incorporated within the meaning of “mark” in Section 2(1)(m) of the Trade Marks Act, 1999 which includes the shape of goods, their packaging and combination of colours. The Delhi High Court, in a rece...

Internet broadcasting companies to come within the ambit of statutory licensing

By Venkata Raghavan

This article deals with statutory licensing of copyright under the Copyright (Amendment) Act, 2012 and whether internet broadcasting organizations are covered within the said Act. As is well known, copyright exists in any original literary, dramatic, musical works, sound recordings, cinematograph films, to name of few. No regi...

Controller overreach or common sense? - A tale of Section 83 of the Patents Act

By Dr.Amitavo Mitra

In IPR Amicus Issue No. 49, dated August 2015, the interplay between the Biological Diversity Act, 2002 (BDA), and intellectual property rights in India, specifically, the Patents Act, 1970 (Act) was broadly explored, with particular reference to biological inventions.

In this article, we further attempt to explore and ...

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