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.
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.
High Court of Delhi has opined that the drawing cannot simpliciter be termed as a mechanical device to get the benefit of being excluded from Section 2(d) of the Designs Act.
Article in this issue of IPR Amicus discusses a recent decision of the Delhi High Court involving liability of an intermediary in a design infringement case.
Article in this issue of IPR Amicus discusses a recent decision of the Delhi High Court granting permanent injunction in a dispute involving use of mark similar to that of Mother Dairy.
Trans-border reputation as the name suggests means reputation that has spilled over to other jurisdictions wherein there is neither use of the trade mark in question nor is the trade mark registered.
Article Secrecy directions in designs - Most of us are familiar with provisions in Patents Law related to secrecy directions on inventions relevant for defence purposes and the security of India. The
In a recent judgement, the Karnataka High Court indirectly applied the doctrine of lifting of corporate veil in the field of trademark law.
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.
Article in this issue of IPR Amicus deals with statutory licensing of copyrights under the Copyright (Amendment) Act, 2012.