A literal assessment of claims against the alleged infringement may at times allow an infringer to find an easy workaround. To avoid such a travesty from befalling the patentee, the Courts have devised tools where even if the literal language of the patent claim is not infringed, the rights of the inventor may be safeguarded.

Territorial protection of trademarks often results in ‘squatting of trademarks’ in countries where the trademark does not have any presence or is not commonly known to the general public.

The first article in this issue of IPR Amicus analyses the dilemma relating to single colour trademarks in India. It observes that a literal interpretation of the statutory provisions leads to a straightforward conclusion that a single colour cannot be applied as a trademark.

The article in this issue of IPR Amicus deals with a noteworthy decision of the Indian Patents Office on the pre-grant opposition under Section 25(1) of the Patents Act, 1970.

The article in this issue of IPR Amicus analyses a recent decision of the Delhi High Court wherein the Court determined as to whether the Domain Name Registrars (Defendants) can be categorised as alleged infringers, by virtue of them offering, for registration, domain names that were similar to the Plaintiff’s registered trademarks.

The first article in this issue of IPR Amicus discusses a recent Delhi High Court decision reiterating the principle encapsulated in Section 124 of the Trade Marks Act, 1999 while also clarifying the scope of Section 124(5).

The article discusses elaborately the recent decision of the Delhi High Court where the Court applied the concept of Doctrine of Equivalence to arrive at the finding of a prima facie case of infringement and also dismissed the exemption of parallel import under Section 107A(b) of the Patents Act, 1970 (‘Act’). Relying on the experts’ report, the Court narrowed...

Indian Courts have number of times recognized that rights of the prior user in relation to the goods/services are superior to the rights of the registered proprietor in relation to the identical/similar goods/services. The article in this issue of IPR Amicus analyses Section 34 of the Trade Marks Act, 1999 which keeps on a higher ground the rights of a prior user of the mark than that of the registered proprietor of a trademark who is granted registration later.

The article in this issue of IPR Amicus elaborately discusses a recent Delhi High Court decision wherein the Court has emphasised that the literal rule of interpretation should be applied while interpreting patent claims.

Amendments to a patent application form an essential element in demarcating the scope of inventions. The article in this issue of IPR Amicus provides a comprehensive guide on the scope of claim amendments allowed in the Indian Patent regime. It focuses on the relevant aspects which must be kept in mind when applicants/patentees wish to file claim amendments.