Tag: high court

Vogue vs Vogue

Introduction The Karnataka High Court awarded Vogue Fashion Institute relief from the claim of trademark infringement initiated by the well-known American fashion magazine, Vogue, in the matter of Vogue Institute of Management & Ors. Vs. Advance Magazine Publishers Inc. The trademark “Vogue,” used by the magazine Vogue since 1892, was registered in India under Class … Continue reading Vogue vs Vogue

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Khadi and Village Industries Commission Suit

Introduction A recognisable phrase, word, emblem, or symbol that identifies a particular product and legally distinguishes it from all other products of its sort is referred to as a trademark. A trademark recognises the company’s ownership of the brand and solely distinguishes a product as being its own. Generally speaking, trademarks are regarded as a … Continue reading Khadi and Village Industries Commission Suit

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Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

FACTUAL BACKGROUND: In the matter of – N.V. SATHEESH MADAV & ANR. VS DEPUTY CONTROLLER OF PATENTS & DESIGNS (C.A.(COMM. IPD-PAT) 111/2022- A Patent Application for the product [A Bio-Bed for growing Vigna radiata (Linn) Wilczek plants] was filed in December, 2008 at the Delhi Patents Office along with ten provisional claims. A First Examination … Continue reading Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

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Mandatory Pre-Institution Mediation In India

Introduction An alternative dispute resolution method called mediation uses a third party or group of third parties to assist in reaching a mutually acceptable settlement. This type of ADR mechanism has roots that go back as far as human history is known. Due to its low cost, ease of use, and efficiency, mediation was avidly … Continue reading Mandatory Pre-Institution Mediation In India

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IP Battle of the Packaging Containers

Facts: In a recent ongoing battle between two packaging companies, the Indore High Court, on 01.09.2021, finally passed a judgment in favor of the Defendants. The Defendants, in this case, were represented by Adv. Neeraj Grover was assisted by Abhijeet Deshmukh, Meenakshi Orga, and Suvanagana Agarwal of Khurana & Khurana- IP Advocates and Attorneys. Arguments: … Continue reading IP Battle of the Packaging Containers

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Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

The Central Government promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The Tribunal Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in the Parliament earlier this year but could not be taken up for consideration and passing. Exercising the power under Article 123(1) of the Constitution of India, the President … Continue reading Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

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Contempt Laws In India – Brief Study

The law of Contempt of Courts is for keeping the administration of justice pure and undefiled. The dignity of the court must prevail and be maintained at all costs. So keeping the said principle in mind one should keep their conduct in line with the process of court. One should avoid any disobedience to any … Continue reading Contempt Laws In India – Brief Study

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Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

Trastuzumab/Herceptin has been amidst several controversaries off lately and this time it is regarding a biosimilar which has jointly been manufactured by Biocon and Mylan. Background Roche’s breast cancer drug Herceptin sold under the brand names HERCEPTIN, HERCLONTM and BICELTIS is a biological drug used primarily for the treatment for human epidermal growth factor receptor … Continue reading Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

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Roche v Cipla: Part 1: Validity of Patent

In continuation of our previous post here, and following the availability of the 275 page judgement, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. … Continue reading Roche v Cipla: Part 1: Validity of Patent

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Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

The struggle between innovator pharmaceutical companies (mostly in the Western world) and developing world Generic companies has been lately played out in India and especially for the last 2-3 years in the form of litigations and oppositions. Here I would be discussing the specific case of Roche (a Swiss Pharma Company) showcasing its journey of … Continue reading Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

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