Intellectual Property Law

John Doe orders in Indian IP law – Anton Piller, Mareva and identity-unknown defendants

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The enforcement of intellectual property rights has never been straightforward in any jurisdiction, but the particular challenge of acting against infringers who cannot be identified, located, or who are likely to destroy evidence or dissipate assets before a court can reach them has demanded a category of remedies that go well beyond the conventional interim […]

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Standard Essential Patents and FRAND Licensing in India : Law, Litigation and the Road Ahead

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The story of Standard Essential Patents in India is, at its core, a story about two competing ideas: the right of an inventor to profit from a technology that the entire world has come to depend on and the right of every device manufacturer, service provider and ultimately every consumer to access that technology on

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Google LLC v. DRS Logistics Pvt. Ltd. & Ors.

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High Court of Delhi at New Delhi (Division Bench) | Decided: 10 August 2023 | FAO(OS)(COMM) 2/2022 & FAO(OS)(COMM) 22/2022 | Bench: Hon’ble Mr. Justice Vibhu Bakhru & Hon’ble Mr. Justice Amit Mahajan Background Google LLC, the appellant in FAO(OS)(COMM) 2/2022, owns and operates the Google Search Engine and the Google Ads Programme (formerly AdWords).

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Border Measures and Customs Recordal for Patents in India

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India’s integration into global trade and manufacturing supply chains has brought with it a sharp increase in the cross-border movement of goods including goods that infringe intellectual property rights. While the narrative around IP enforcement at the border has historically centred on trademarks and copyrights, the enforcement of patent rights at Indian ports of entry

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Collective Marks and Certification Marks under Indian Trademark Law

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Trademark law, in its conventional form, operates on a straightforward premise: a single proprietor owns a mark and uses it to distinguish their goods or services from those of others. The legal rights that follow from registration are personal, exclusive and commercially exploitable by that proprietor alone. Yet commerce is not always organised on this

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Raj Kumar Prasad & Anr. v. Abbott Healthcare Pvt. Ltd.

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Decided: 10 September 2014 FAO(OS) 281/2014 Bench: Hon’ble Mr. Justice Pradeep Nandrajog & Hon’ble Ms. Justice Mukta Gupta Background Abbott Healthcare Pvt. Ltd. is a wholly owned subsidiary of Abbott Laboratories, Chicago and is engaged in the manufacture and sale of pharmaceutical products in India. The trademark ‘ANAFORTAN’ had originally been used by Khandelwal Laboratories

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Anton Piller Orders and Mareva Injunctions in Indian Patent Litigation

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Patent litigation is as much a battle of speed and strategy as it is one of legal argument. An infringer who receives advance notice of impending legal action has every incentive and often every means to destroy evidence, conceal infringing goods or dissipate assets before the plaintiff can secure relief. The law, recognising this vulnerability,

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Luxury Brand Protection and Trademark Enforcement in India

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The protection of luxury brands presents trademark law with some of its most commercially significant and doctrinally demanding challenges. Luxury goods defined not merely by their price point but by the combination of heritage, craftsmanship, exclusivity, and aspirational identity that constitutes their essential commercial character depend on their trademarks in a manner qualitatively different from

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Copyright Due Diligence in Mergers and Acquisitions – A Comprehensive Guide for Indian Transactions

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Mergers and acquisitions are among the most consequential transactions in commercial life. They involve the transfer of business value assets, revenue streams, operational capabilities, market positions from one set of owners to another, and they carry with them all the risks and liabilities that attach to the business being acquired. In an economy increasingly defined

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Trademark Issues in E-Commerce: Keyword Advertising and Marketplaces

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The commercial internet has created a new kind of marketplace one that is frictionless, borderless, available at every hour and dominated by algorithms that decide what you see before you have even articulated what you are looking for. In this environment, a brand’s trademark performs more work than it ever did in a physical market.

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