Two co-ordinate Single Judge Benches of the Delhi High Court have recently arrived at opposing conclusions as to whether to grant interim injunction or not in favour of the Plaintiffs/Patentee in a batch of patent infringement suits in relation to a pharmaceutical composition. Analysing the two decisions threadbare, the author states that the question as to what constitutes “Coverage” and “Disclosure” in the context of genus and species patent is still uncertain, and that the determination of th
The article in this 100th issue of IPR Amicus elaborately discusses a recent decision of the Delhi High Court on patentability of computer related inventions (CRIs). The High Court has reiterated the principle that if the invention demonstrates a “technical effect” or a “technical contribution”, it is patentable even though it is based on a computer program. The Court pointed out that the effect which the computer program produces is crucial in determining patentability.
The article in this issue of IPR Amicus attempts to provide few insights into the sufficiency of disclosure in a patent specification. The authors note that according to the Guidelines for Examination of Patent Applications in the field of pharmaceuticals issued by the Indian Patent Office, a complete specification must be sufficient to enable the whole width of the claimed invention to be carried out and also provide the best method of performing the invention, and that the sufficiency of discl
Division Bench of the Delhi High Court recently held that once the patentee has filed its reply-statement, he is not required to provide any separate reasons for cross-examination of the witnesses whose affidavits are filed by the opponent in support of its post-grant opposition.
The Article in this issue of IPR Amicus discusses as to how Biological Diversity Rules of different States of India are not in tandem with the Biological Diversity Act 2002 (BDA) which was enacted by India in adherence to its ratification to Rio de Janeiro’s Convention on Biological Diversity.
The article in this issue of IPR Amicus emphasizes on the purposive construction of claims with respect to a patent to ensure that they are not too narrowly construed. The Author has taken up a recent Delhi High Court judgement in the case Communication Components Antenna Inc v. Ace Technologies Corp. and Ors., wherein prima facie infringement of patent in Asymmetrical Beams for Spectrum Efficiency, which is a split-sector antenna, was found.
Trademark passing-off against film release By Sutapa Jana Delhi High Court recently has reiterated the well-established principle that a plaintiff who approaches the Court for discretionary relief of
Contradiction & consensus: Mode of infringement of a cinematograph film By Saksham Garg The article discusses some important issues of copyright infringement of cinematograph films that were de
Design protection - Mere placement of few different straps, holes or combination of colours not enough By Ashna Pruthi Delhi High Court has recently set aside its ex-parte ad-interim injunction