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September 2016

IPR Amicus: July 2016

Article

Light at the end of the tunnel for Computer-Related Inventions?

Examination of computer-related inventions (CRIs) by the Indian Patent Office is perceived to be ambiguous. However, certain recent decisions of the Controller highlight the emerging consistency in examination of CRIs. The technical problem-solution using technical means approach as well as the technical contribution approach has been accepted by the Controller in determination of patent-eligible subject matter. Discussing in depth three such decisions, the author of the article hopes that Indian Patent Office continues to apply the provisions of Section 3(k) of the Indian Patents Act in a balanced, transparent, and unambiguous manner consistent with the Guidelines for Examination of CRIs issued in February, 2016....

 

Ratio Decidendi

  • No confusion of similarity in inverted, reversed or mirror image of logo - Bombay HC
  • Infringement of trademarks when pronunciation same though spelling different - Delhi HC holds that customer will not pay attention whether brand uses “X” singly or in double
  • Trade Marks Act does not allow monopolization of Gods – Bombay HC
  • Suit can be filed in a court within the local jurisdiction of which registered office or principal office of plaintiff is located - Location of the defendants and place of accrual of cause of action inconsequential - Bombay HC
  • No infringement when plaintiff himself using mark descriptively - Bombay HC

 

July, 2016/Issue-60 July, 2016/Issue-60

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