Category: Legal Issues

IPO-JPO Bilateral Patent Prosecution Highway (PPH) program – Acceptance Of Requests For Second Year

A Bilateral Patent Prosecution Highway (PPH) pilot program was initiated between the Indian Patent Office (IPO) and the Japan Patent Office (JPO) on December 5, 2019. In the first year of pilot program implementation, the IPO accepted applications in several rounds throughout the year (December 2019, March 2020, August 2020), which ended with last round … Continue reading IPO-JPO Bilateral Patent Prosecution Highway (PPH) program – Acceptance Of Requests For Second Year

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S.D. Containers Indore v. M/s Mold Tek Packaging- Supreme Court Hears Transfer Case

The Hon’ble Supreme Court, recently in the case of S.D. Containers Indore v. M/s Mold Tek Packaging, [i] clarified the ambit of certain important provisions of the Design Act, 2000, and the Commercial Courts Act, 2015. Brief Facts of the case: The Plaintiff/Respondent had initially filed a suit for declaration, and to obtain a permanent … Continue reading S.D. Containers Indore v. M/s Mold Tek Packaging- Supreme Court Hears Transfer Case

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Philips Files Patent Infringement Case Against Xiaomi

The Dutch technology company, Koninklijke Philips, has moved a patent infringement case against the Chinese Smartphone and Technology Company, Xiaomi, its affiliates, officers, or agents. In this case the Plaintiff has claimed that the Defendants have used the Plaintiff’s Universal Mobile Telecommunication Service (UMTS) enhancement technology such as High-Speed Packet Access  (HSPA), HSPA+, and LTE, … Continue reading Philips Files Patent Infringement Case Against Xiaomi

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Putting A Stop To“Vexatious” Claims In Foreign Courts: The Delhi High Court Comes To The Rescue

Introduction: The Delhi High Court in the recent case of HT Media Limited & Anr. v. Brain link International, Inc.,[i] decided to grant an anti-suit injunction against the defendant company based in the United States of America that infringed the domain name of Hindustan Times Media Ltd. (“HT”). HT sent a cease and desist notice … Continue reading Putting A Stop To“Vexatious” Claims In Foreign Courts: The Delhi High Court Comes To The Rescue

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Delhivery Pvt. Ltd. vs Treasure Vase Ventures Pvt. Ltd.

“The degree of distinctiveness, and, therefore, the possibility of registration as a trade mark, is inversely proportional to the degree of obviousness: the more obvious the word, the less the degree of distinctiveness and the chances of its registration” Justice G.S. Patel In a recent trademark suit filed by Delhivery Pvt. Ltd., the Delhi High … Continue reading Delhivery Pvt. Ltd. vs Treasure Vase Ventures Pvt. Ltd.

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Delhi High Court – Proposed Patent Rules

The Delhi High Court recently divulged into seeking suggestions and comments from members of the Bar in to draft rules to govern Patent Suits. The invitation to make suggestions to the proposed “The High Court of Delhi Rules Governing Patent Suits, 2020” are to be sent to the office of the Registrar General at jrrules.dhc@gov.in, within 4 … Continue reading Delhi High Court – Proposed Patent Rules

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Is Certification Under Section 65B(4) Of Indian Evidence Act Mandatory For The Production Of Electronic Evidence?

In a recent judgement passed by the three-judge bench of the Supreme Court headed by Justice RF Nariman, S Ravindra Bhat, and V Ramasubramanium, the Supreme Court has clarified that certificate under Section 65B(4) of Indian Evidence Act,1872 is mandatory for the production of electronic evidence before the court. The matter came from a reference … Continue reading Is Certification Under Section 65B(4) Of Indian Evidence Act Mandatory For The Production Of Electronic Evidence?

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Mittal Electronics vs Sujata Home Appliances (P) Ltd

Khurana and Khurana, has successfully obtained modification of the ex-parte ad interim injunction order granted against the Defendants in Mittal Electronics v. Sujata Home Appliances Pvt Ltd &Ors CS(Comm) 60/2020, for both, concealment  of material facts as well as on merits.The Delhi High Court has upheld the Supreme Court ruling in Nandhini Deluxe v. Karnataka Co-operative … Continue reading Mittal Electronics vs Sujata Home Appliances (P) Ltd

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Petition Against Celebrities Endorsing Online Gambling Activities – A Futile Attempt

Introduction In a bizarre case, a Chennai based advocate filed a petition for banning of online gambling activities, in the Madras High Court, while also seeking the arrest of Indian Cricket Captain, Virat Kohli, and Actress, Tamannah Bhatia, for promoting online gambling platforms and corrupting the mind of the youth. The petition is a result … Continue reading Petition Against Celebrities Endorsing Online Gambling Activities – A Futile Attempt

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Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB

In a recent development, ShirBirendra Prasad Singh, previously serving as the Assistant Controller of Patents & Designs and Group Leader of the Electrical and Electronic Group, the Indian Patent Office (IPO), Delhi, has been appointed to the posts of Technical Member (Patents), Technical Member (Trade Marks) and Technical Member (Copyrights) in the Intellectual Property Appellate … Continue reading Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB

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