Indian IP Framework

Domain Names as Trademarks – Cybersquatting and UDRP in India patenevo

Domain Names as Trademarks – Cybersquatting and UDRP in India

Leave a Comment / Trademark Article

The emergence of the internet as the dominant medium of global commerce has generated a body of legal problems that the architects of modern intellectual property law could not have anticipated. Among the most significant and most commercially damaging of these problems is the phenomenon of cybersquatting the opportunistic registration of internet domain names that […]

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Remedies for Patent Infringement – Injunctions, Damages and Accounts of Profits

Remedies for Patent Infringement – Injunctions, Damages and Accounts of Profits

Leave a Comment / Patent Article

The enforcement of a patent right is only as meaningful as the remedies available when that right is infringed. A patent that cannot be effectively enforced whose violation attracts only nominal consequences or whose vindication requires years of inconclusive litigation provides little real protection to the inventor and little genuine deterrence to would-be infringers. Conversely,

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Copyright in Photographs and Artistic Works

Copyright in Photographs and Artistic Works in India

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Visual creativity occupies a distinctive place in the copyright landscape. A photograph taken in a fraction of a second, a painting developed over months, a sculpture carved from stone, an architectural elevation drafted with precision each of these represents an act of creative expression that the law recognises and protects, yet each raises questions about

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Sun-Pharmaceuticals-Industries-Limited-v.-Cipla

Sun Pharmaceuticals Industries Limited v. Cipla Limited

Leave a Comment / Trademark case laws

High Court of Delhi at New Delhi | Decided: 3 October 2008 IA No. 6872 of 2008 in CS(OS) No. 1073 of 2008 Presiding Judge: Justice Rajiv Sahai Endlaw Background Sun Pharmaceuticals Industries Limited, the plaintiff, held a registered trade mark THEOBID in relation to medicinal and pharmaceutical preparations. The trade mark was originally registered

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Trademark-Dilution-in-India

Trademark Dilution in India – Blurring and Tarnishment

Leave a Comment / Trademark Article

Trademark law, in its traditional formulation, is concerned primarily with consumer confusion the risk that the use of a similar mark will mislead consumers about the commercial origin of goods or services. The likelihood of confusion standard, which pervades the examination of relative grounds under Section 11, the infringement enquiry under Section 29 and the

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Defences-to-patent-infringement-section-107-and-beyond

Defences to Patent Infringement – Section 107 and Beyond

Leave a Comment / Patent Article

Patent infringement litigation in India, as in every major patent jurisdiction, is rarely a simple contest between an unimpeachable patent and an undeniable act of infringement. The defendant in a patent infringement suit has available to it a range of defences    statutory, equitable and procedural that can defeat or substantially limit the plaintiff’s claim even

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Telefonaktiebolaget LM Ericsson (Publ) v. Competition Commission r

Telefonaktiebolaget LM Ericsson (Publ) v. Competition Commission of India & Another

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High Court of Delhi at New Delhi | Decided: 30 March 2016 W.P.(C) No. 464/2014 & W.P.(C) No. 1006/2014 Bench: Hon’ble Mr. Justice Vibhu Bakhru Background Telefonaktiebolaget LM Ericsson (Publ), a company incorporated under the laws of Sweden and one of the world’s largest telecommunications companies, filed two writ petitions challenging orders passed by the

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Patenet infringement section 48

Patent Infringement in India: What Constitutes Infringement under Section 48 of the Patents Act, 1970

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A patent, at its core, is a bargain between the inventor and the state. The inventor discloses the invention to the public in full; the state, in return, grants a limited monopoly for twenty years. The value of that monopoly depends entirely on how effectively it can be enforced. An unenforceable patent right is no

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