Indian IP Framework

Industrial Applicability as a Patentability Criterion under the Patents Act, 1970

Leave a Comment / Patent Article

Among the three foundational criteria that a patent applicant must satisfy to obtain a grant  novelty, inventive step and industrial applicability industrial applicability is perhaps the least litigated and the least theoretically contested, yet it performs an indispensable function in defining the outer boundary of the patent system’s reach. It is the criterion that ensures […]

Industrial Applicability as a Patentability Criterion under the Patents Act, 1970 Read More »

Copyright in Cinematograph Films – Ownership, Rights and Exploitation

Leave a Comment / Copyright Article

Few creative works demand as much capital, coordinate as many individual contributions, or generate as much commercial activity as a cinematograph film. A feature film involves the labour of writers, directors, composers, lyricists, performers, cinematographers, editors, sound designers, visual effects artists and hundreds of others whose individual creative contributions are assembled, over months or years,

Copyright in Cinematograph Films – Ownership, Rights and Exploitation Read More »

The Indian Performing Right Society Ltd. v. Mr. Aditya Pandey & Anr.

Leave a Comment / Copyright case laws

High Court of Delhi at New Delhi | CS(OS) 1185/2006 & I.A. Nos. 6486/2006, 6487/2006, 7027/2006; CS(OS) 1996/2009 & I.A. No. 13692/2009 Background The Indian Performing Right Society Ltd., referred to throughout as IPRS, is a non-profit cooperative body incorporated in August 1969 with the object of monitoring, administering and enforcing the performing rights of

The Indian Performing Right Society Ltd. v. Mr. Aditya Pandey & Anr. Read More »

Maj. (Retd.) Sukesh Behl & Anr. v. Koninklijke Philips Electronics

Leave a Comment / patent case laws

High Court of Delhi at New Delhi | Decided: 7 November 2014 | FAO(OS) No. 16 of 2014 Background Koninklijke Philips Electronics, the Dutch multinational corporation, had filed an application for a patent in India on 13 February 1995 for an invention described as a “method for converting information words to a modulated signal.” The

Maj. (Retd.) Sukesh Behl & Anr. v. Koninklijke Philips Electronics Read More »

Trademark Rectification Proceedings – Sections 57 to 60 of the Trade Marks Act, 1999

Leave a Comment / Trademark Article

The Register of Trade Marks is not an immutable document. While registration confers significant legal presumptions in favour of the proprietor and is treated as prima facie evidence of validity under Section 31 of the Trade Marks Act, 1999, the register is not beyond challenge. Marks may find their way onto the register through error,

Trademark Rectification Proceedings – Sections 57 to 60 of the Trade Marks Act, 1999 Read More »

Revocation of Patents under Section 64 – Grounds and Procedure

Leave a Comment / Patent Article

A patent, once granted, is not inviolable. The Patents Act, 1970 recognizes that the grant of a patent is an administrative act performed on the basis of an examination that, however thorough, may not always capture every deficiency in an application whether a failure of novelty, an insufficient disclosure, a statutory exclusion that was not

Revocation of Patents under Section 64 – Grounds and Procedure Read More »