Category: Legal Issues

Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs

Exactly a year back, Calcutta High Court gave an elaborate judgement discussing the conditions for grant of design. The case holds relevance as it discusses element of Novelty and Prior Publication in detail. This post will try to comprehensively analyse the case. FACTS The design-in-dispute is a bottle cap under class 09-01 bearing Application No. … Continue reading Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs

Read more »

Diet Sabya – The New Call Out On Copyright And Fashion

“The motifs on my jackets were hand-drawn and hand-embroidered. The collection is still selling, and one piece is sold for Rs. 40,000. However, one brand is re-creating the motifs as digital prints and selling it for Rs. 1,500.                                   … Continue reading Diet Sabya – The New Call Out On Copyright And Fashion

Read more »

Joinder Of Parties

There is always a concern while filing a suit as to whether all the parties concerned have been taken into account or not. Further, if any party is missed, can that party be joined in a suit at a later point of time is another issue to be pondered upon. Fortunately, Code of Civil Procedure, … Continue reading Joinder Of Parties

Read more »

Violation Of Moral Right In Light Of ‘Ghar Se Nikalte Hi’- Will This Be An Eye Opener For The Trend Of Remixes?

“Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” [1] The foundation of this concept was laid in the case of Amarnath Sehgal v. Union of India[2]. This was a landmark judgement delivered by the Delhi High Court … Continue reading Violation Of Moral Right In Light Of ‘Ghar Se Nikalte Hi’- Will This Be An Eye Opener For The Trend Of Remixes?

Read more »

Sphaera Pharma, Pte. Ltd. And Anr. Vs Union Of India

Delhi High Court Decides upon Delay in Filing a Patent Examination Request Introduction The question regarding the condonation of delay in the filing a request for examination of a patent application was once again decided by the Hon’ble Delhi High Court in the case of Sphaera Pharma, Pte. Ltd. And Anr.Vs Union Of India. The Hon’ble … Continue reading Sphaera Pharma, Pte. Ltd. And Anr. Vs Union Of India

Read more »

Are IP Disputes Arbitrable In India? And To What Extent?

The Alternative methods of dispute resolution have eventually acquired a huge popularity and utility in the commercial and business- commerce sector. One of the most utilised methods is the arbitration, most of the parties associated with the commercial transaction nowadays prefer to opt for arbitration for the settlement of any kind of dispute. Arbitration in … Continue reading Are IP Disputes Arbitrable In India? And To What Extent?

Read more »

Referential Names & Intellectual Property Infringement

With progression of time we are witnessing the rise of Intellectual Property (IP) issues in India across industries. Every new case raises a few new questions and simultaneously rests some old ones. While traditionally IP disputes arose mainly in the pharma  and software industries, recent trends have shown a noticeable surge in other industries including … Continue reading Referential Names & Intellectual Property Infringement

Read more »

West Bengal’s Sweet Triumph in the Bitter Clash with Odhisa

Introduction The Geographical Indications Of Goods (Registration And Protection) Act, 1999 defines ‘geographical indication’ as ‘an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic … Continue reading West Bengal’s Sweet Triumph in the Bitter Clash with Odhisa

Read more »

Jurisdiction of courts in online transactions: Impresario Entertainment & Hospitality Pvt Ltd V. S & D Hospitality

Introduction Over the last decade or so, the Delhi HC has become the hub for cases pertaining to IP litigation. This prompts parties to initiate proceedings in Delhi HC relating to IP laws which has eventually raised questions regarding the jurisdiction of the court especially in online transactions. This issue has been  dealt by Mukta … Continue reading Jurisdiction of courts in online transactions: Impresario Entertainment & Hospitality Pvt Ltd V. S & D Hospitality

Read more »

Personality Rights in Indian Scenario

Personality Rights Personality rights means a right of person related to his or her personality. They can be protected under right to privacy or as a property of a person. This is important to mostly celebrities because people use a celebrity name or a photograph to advertise their trade and this usage influences their sales. … Continue reading Personality Rights in Indian Scenario

Read more »