IPR Amicus: September 2020

The article in this issue of IPR Amicus discusses at length the recent decision of the Intellectual Property Appellate Board (‘IPAB’) in the case of Stempeutics Research Pvt. Ltd. v.

IPR Amicus: August 2020

The Delhi High Court recently granted an ad-interim injunction to the plaintiff and restrained the defendants, from using the mark “DMW” or any other mark which is identical or deceptively similar to the plaintiff’s “BMW” trademarks.

IPR Amicus: July 2020

Since February 2020, the Covid-19 (also known as Coronavirus) pandemic has been a major talking point and consequently many pandemic referenced words are being used as trademarks and are being filed for registration at Trademark Registries worldwide.

IPR Amicus: June 2020

Article in June 2020 issue of IPR Amicus discusses elaborately the recent decision of the Delhi High Court in the case of Monsanto Holdings Pvt. Ltd. and Ors. v. Competition Commission of India and Ors.

IPR Amicus: May 2020

The article in this issue of IPR Amicus elaborately discusses a recent decision of the Bombay High Court which, while dealing with the issue of disparagement by a video blogger, laid down the principles by which any such video or any statement can be considered to be defamatory.

IPR Amicus: April 2020

A Single Judge of the Delhi High Court recently examined whether trade secret protection can be granted to know-how with respect to a particular invention that has been patented outside India. The Court held that the Defendants cannot be said to be committing passing off with respect to the know-how of the Plaintiff no.1 passed to the Defendants since know-how/trade secret/confidential information is not a ‘property’ and no relief in rem can be claimed with respect to it.

IPR Amicus: March 2020

The Delhi High Court recently held that once a person has contributed to any cinematographic film in any manner, then as per the moral rights, he/ she has right to paternity. The Single Judge upheld an order of the Trial Court granting mandatory interim injunction in favour of the Plaintiff.

IPR Amicus: February 2020

Two co-ordinate Single Judge Benches of the Delhi High Court have recently arrived at opposing conclusions as to whether to grant interim injunction or not in favour of the Plaintiffs/Patentee in a batch of patent infringement suits in relation to a pharmaceutical composition. Analysing the two decisions threadbare, the author states that the question as to what constitutes “Coverage” and “Disclosure” in the context of genus and species patent is still uncertain, and that the determination of th

IPR Amicus: January 2020

The article in this 100th issue of IPR Amicus elaborately discusses a recent decision of the Delhi High Court on patentability of computer related inventions (CRIs). The High Court has reiterated the principle that if the invention demonstrates a “technical effect” or a “technical contribution”, it is patentable even though it is based on a computer program. The Court pointed out that the effect which the computer program produces is crucial in determining patentability.

IPR Amicus: December 2019

The article in this issue of IPR Amicus attempts to provide few insights into the sufficiency of disclosure in a patent specification. The authors note that according to the Guidelines for Examination of Patent Applications in the field of pharmaceuticals issued by the Indian Patent Office, a complete specification must be sufficient to enable the whole width of the claimed invention to be carried out and also provide the best method of performing the invention, and that the sufficiency of discl