Category: Intellectual Property

Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application

In this case of Mittal Electronics v Sujata Home Appliances CS (COMM) 60/2020 the Delhi High Court on 9th September 2020 delivered a judgement on the Ad Interim Injunction Application filed by the Plaintiff under Order 39 Rule 1 ad 2 of CPC. The Plaintiff, Mittal Electronics, through their partners, filed a suit against the … Continue reading Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application

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Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

The Hon’ble Apex Court in the case of Patel Field Marshal Agencies Vs. P.M. Diesels Ltd. &Ors. [1] threw light upon the said issue of invalidity. PATEL FIELD MARSHAL AGENCIES vs. P.M. DIESELS LTD. & ORS. Parties: Respondent is the registered owner of 3 trademarks, the common feature of all which is the words “Field … Continue reading Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

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Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act

“Audi alteram partem” It is a famous Latin phrase and literally translates as “listen to the other side”. Other than being a famous Latin phrase, the same is also one of the two fundamental principles of natural justice. The aim of natural justice is to ensure fairness and remove arbitrariness. This doctrine dates back hundreds … Continue reading Scope Of Discretionary Powers Of The Controller Under Section 80, Patents Act

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Call for Submissions: bLAWgathon 2019

About bLAWgathon Stumbling upon a piece of research that answers a crucial legal question is a common happenstance in the life of any lawyer, academic or student. Realizing the goal of community learning in the space of Intellectual Property and related Commercial/Corporate Laws; IIPRD and Khurana and Khurana Advocates and IP Attorneys (K&K); with an … Continue reading Call for Submissions: bLAWgathon 2019

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Patentability Of Immunology Related Inventions – An Indian Perspective

This article discusses challenges faced by patent applicants for inventions in the field of Immunology, especially those relating to gene sequences, peptides, antibodies, and method of treatment; relevant provisions of the Indian Patents laws and strategies one may employ to improve the chances of overcoming the objections. INTRODUCTION As our understanding of the internal and … Continue reading Patentability Of Immunology Related Inventions – An Indian Perspective

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Considerations Under Section 8 Indian Patent Act, 1970

Intellectual Property Rights are jurisdictional in nature. Hence, instances wherein different patent applications for the same subject matter filed in different parts of the world are common. PCT (Patent Cooperation Treaty) does make it easier for patent rights to be granted worldwide, however, applicants still prefer filing separate patent applications in countries that aren’t covered … Continue reading Considerations Under Section 8 Indian Patent Act, 1970

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The Patents (Amendment) Rules, 2019

Recently, the government of India issued a notification throughthe Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), to further amend the Patents Rules, 2003. The Central Government published the amended rules on 17th September 2019 which are based on the objections and the suggestions received from the public in respect of the … Continue reading The Patents (Amendment) Rules, 2019

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Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade)

Recently the central government has issued notification, proposing amendments in the geographical indications of goods (registration and protection) rules, 2002. The draft rules are published as a notice as well as inviting objections or comments from the public likely to be affected by the proposed amended rules. This Notification also states that the said draft … Continue reading Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade)

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Cross-Examination Practices During Intellectual Property (IP) Litigation – Part I

Introduction – Examination of witnesses or cross-examination has always been a favourite topic for books and screenplays. A downside of this extravaganza, which involves sharp-witted questioning, nail-biting suspense and awe laden voice modulations, is the fact that most of them are written to support criminal litigation, backdropping a story. Hence, more often than not, in … Continue reading Cross-Examination Practices During Intellectual Property (IP) Litigation – Part I

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IBC (Insolvency and Bankruptcy Code, 2016) – The Bankruptcy Law of India

It is better to have one codified legislation than multiple to deal with the aspects of a company which can have a singular umbrella. This is the exact rationale for the existence of The Insolvency and Bankruptcy Code in India which has been into effect since 2016. IBC came into being repealing SICA (Sick Industrial … Continue reading IBC (Insolvency and Bankruptcy Code, 2016) – The Bankruptcy Law of India

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