In continuation of the article published last month in IPR Amicus, the article in this issue of newsletter further discusses the evolving law around Divisional Applications in India.

The article in this issue of IPR Amicus discusses elaborately the evolving jurisprudence of Divisional Applications in India. The article notes that in India, a divisional application under Section 16 of the Patents Act, 1970 may be pursued...

The article in this issue of IPR Amicus discusses the prescribed timelines set under the Patents Act, 1970 and the Patent Rules, 2003, and throws insights on the flexibility of timelines set forth under different orders.

The article in this issue of L&S IPR Amicus discusses a peculiar situation where a trademark of one proprietor is found to be infringed by another, by use of recycled bottles or containers of that proprietor for sale of goods or products by the latter in those recycled containers.

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).