Article
Scope of remand in pre-grant oppositions
By Neha Ruhela and Dr. Malathi Lakshmikumaran
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. It also outlines the intervention of higher judicial forums in matters where quasi-judicial authorities have not dealt with a case in compliance with the principles of natural justice. The authors note that the said decision of the Controller was essentially a reasoned up-gradation of its earlier non-speaking order. According to the authors, this decision highlights the need for quasi-judicial authorities to issue reasoned orders which will obviate the need for protracted proceedings involving multiple judicial forums and ensure that precious judicial time is not spent on mere procedural matters...
Ratio decidendi
- Copyright infringement is a cognizable and non-bailable offence – Supreme Court
- Re-advertisement not an option after trademark registered – High Court asks petitioner to use alternative statutory remedy of seeking cancellation of mark – Delhi High Court
- Trademarks – Use of word ‘PEBBLE’ for dissimilar goods when amounts to infringement – Delhi High Court
- Patents – Mere filing of revocation proceedings cannot be a ‘credible challenge’ to an old and successful patent – Himachal Pradesh High Court
- Invisible use of trademarks as adwords or meta tags on application stores amounts to trademark infringement – Delhi High Court
News Nuggets
- IPR suits, even those valued below INR 0.3 million, to be instituted before District Judge (Commercial)
- Trademarks – Territorial jurisdiction of Court – Effect of quantum of seizure/operation
- Copyright in music played in marriage functions – Delhi High Court appoints expert to assist court
- ‘Use’ of trademark by an online intermediary
- Trademarks – ‘Acquiescence’ clarified by the Court of Justice of the European Union
