TRIPS Compliance

Substantial Similarity in Indian Copyright Law: The Test for Determining Infringement

Copyright is infringed by copying, and copying is rarely admitted. A plaintiff who finds that a film, a serial, a song or a book resembles his own work must prove, without the benefit of a confession, that the resemblance is the product of borrowing and that what was borrowed is something the law protects. The

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AI-Assisted Patent Examination in India: 2026 Guidelines and Their Impact on Patent Practice

The publication of the Guidelines for the Use of Artificial Intelligence in Patent Examination Procedures by the Office of the Controller General of Patents, Designs and Trade Marks on 7 August 2026 marks the first occasion on which the Indian Patent Office has formally acknowledged and attempted to govern, a practice that had already been

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Hindustan Unilever Limited v. Kwick Living (I) Private Limited

High Court of Delhi at New Delhi | Decided: 10 September 2026 CS(COMM) No. 904 of 2026 Bench: Hon’ble Mr. Justice A.J. Bhambhani Background Hindustan Unilever Limited, the plaintiff, is a well-known consumer goods company and the proprietor of the registered trade marks VIM and SURF EXCEL in respect of dishwash and laundry detergent products

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Array BioPharma Inc. v. Deputy Controller of Patents and Designs

High Court of Delhi at New Delhi, Single Judge | Date of Decision: 23.07.2026 (Reserved on: 18.05.2026) Case Number: C.A.(COMM.IPD-PAT) 37/2023 Bench: Hon’ble Mr. Justice Tushar Rao Gedela BACKGROUND The Appellant, Array BioPharma Inc., filed Indian Patent Application No. 450/DELNP/2015 titled “PHARMACEUTICAL COMBINATION COMPRISING A B RAF INHIBITOR AN EGFR INHIBITOR AND OPTIONALLY A PI3K

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Mr. Abhimanyu Prakash & Ors. v. Ferrero S.P.A & Ors.

High Court of Delhi at New Delhi, Division Bench | Date of Decision: January 6, 2026 Case Number: RFA(OS)(COMM) 1/2026 & CM APPL. 331/2026 Bench: Hon’ble Mr. Justice C. Hari Shankar (author) and Hon’ble Mr. Justice Om Prakash Shukla BACKGROUND This appeal challenges, to a limited extent, judgment dated 19 November 2025 and order dated

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Employee Inventions and Ownership of Patents in India

The question of who owns a patent when the invention is made by an employee is one of the most practically significant and frequently misunderstood issues in Indian intellectual property law. As India’s research and development ecosystem expands spanning pharmaceutical companies, technology firms, government laboratories, academic institutions and the Indian operations of multinational corporations the

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Copyright in Stock Photography and Image-Licensing Platforms in India

The commercialization of photographic content through stock photography libraries and image licensing platforms represents one of the most mature and commercially sophisticated applications of copyright licensing in the creative economy. What began as physical libraries of transparencies and prints, laboriously cataloged and licensed through analogue processes, has evolved into a global digital industry worth billions

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NEC Corporation v. Assistant Controller of Patents and Designs

High Court of Delhi at New Delhi, Single Judge | Date of Decision: 28 March, 2026 Case Number: C.A.(COMM.IPD-PAT) 486/2022 Bench: Hon’ble Mr. Justice Tejas Karia BACKGROUND In NEC Corporation v. Assistant Controller The Appellant, NEC Corporation, is the applicant for Patent Application No. 201717010986, filed on 28.03.2017 before the Patent Office, New Delhi as

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Trademark issues in Franchise Agreements

Trademark issues in franchise agreements occupy a peculiar and underappreciated intersection of commercial law and intellectual property law in India. A franchise relationship is, at its core, a contractual licence of intellectual property – most prominently, the franchisor’s trademark – in exchange for royalties, adherence to brand standards, and territorial exclusivity. Yet Indian practitioners and

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Industria De Diseno Textil, S.A. v. Registrar of Trade Marks & Anr.

High Court of Delhi at New Delhi, Single Judge | Date of Decision: 6th July, 2026 Case Number: C.A.(COMM.IPD-TM) 52/2024, I.A. 33885/2024 Bench: Hon’ble Ms. Justice Jyoti Singh BACKGROUND The Appellant, Industria De Diseno Textil, S.A. (“Inditex”), a company incorporated under the laws of Spain in 1963 and a conglomerate of over 400 companies, is

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