Article
Balancing innovation and ethics: Calcutta High Court’s guidance on Section 3(b)
The article in this issue of IPR Amicus examines two recent judgments of the Calcutta High Court in appeals, challenging the rejection of patent applications on grounds of non-patentability under Section 3(b). Section 3(b) bars the patenting of ‘an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality, or which causes serious prejudice to human, animal or plant life or health or to the environment’. The authors (Dr. Malathi Lakshmikumaran and Aashmeen Kaur) explore the High Court’s interpretation of Section 3(b), offering critical insight into its evolving application within India’s patent regime. They note that the Court has held that patentability must be assessed based on the invention’s intended use, not speculative harm, and reaffirmed that patent rights are exclusionary—not affirmative rights to commercialize. According to them, these decisions mark a significant step towards balancing innovation incentives with public interest safeguards in India’s evolving patent landscape.
Ratio decidendi
- Patent infringement – Denial of interim injunction for absence of essential elements of suit patent, non-working of the patent and delay in filing the suit – Delhi High Court
- Trademark disparagement – Use of word ‘Sadharan’ (ordinary) in the offending advertisement is not always fatal – Calcutta High Court
- Trademark – No stay of suit under Section 124, if the suit is not of infringement – Allahabad High Court
- Trademark – Infringement or injunction – Nature of suit must be ascertained from the prayer – Allahabad High Court
- Trademark ‘FEMICONTIN’ is phonetically, structurally and visually practically identical to ‘FECONTIN-F’ – Delhi High Court
- Concept of ‘family of marks’ cannot be extended to grant injunction against any third party from using any mark where the registered mark is a part – Delhi High Court
News Nuggets
- Company can file criminal case against counterfeit product sellers’ acquittal: SC
- Copyrights – Online payment of licence fee for literary work, musical work, and sound recording proposed
- Non-filing of trademark opposition due to a technical glitch – Madras HC dismisses plea of cancellation of mark
- Patent’s non grant set aside when none of the prior arts combined all three ingredients though two ingredients noted therein
- E-infringement of trademark – Delhi HC DB grants complete stay of decision awarding huge damages and costs against an e-commerce giant
- Trademarks infringement and passing off – Jurisdiction of High Court – Listing on e-commerce website is not decisive
- Trademark opposition – Non-filing of evidence under Rule 45 when fatal
- Trademark registration when in ‘bad faith’ – Purpose of adoption plays an important role
- Copyrights – Training AI models with books purchased and digitized, is ‘fair use’: US Court
- Rajasthan’s traditional dish Ker Sangri awarded GI tag
