01 January 0001

IPR Amicus: May 2017


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

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. Further, observing that the design involved in the dispute was capable of being registered but was not registered and was reproduced more than 50 times, it was held that as per Section 15(2) of the Copyright Act, it lost its copyright under the Copyright Act as well.


Ratio Decidendi

  • Trademark infringement – Identity or similarity of the mark should be first considered before considering similarity of goods – Bombay High Court
  • Trademarks – German origin word which is not indicative of business, is not generic – Delhi High Court
  • Patents – Correction request under Section 78 not dependent on examination procedure or any office action on patent application – Delhi High Court
  • Vacation of interim injunction on basis of non-binding undertaking, not correct – Delhi High Court


Statutory Update

  • International Patent applications – Online filing of application and payment of prescribed fees


May, 2017/Issue-70 May, 2017/Issue-70

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