Scope of Government Use Exemption in India
The Delhi High Court clarified that government use exemption under Section 47 of the Patents Act includes manufacture by private parties on behalf of the government. This analysis…
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Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries
Bishwanath Prasad Radhey Shyam vs Hindustan Metal Industries established the standard for inventive step and novelty in Indian patent law. The Supreme Court's reasoning remains central to assessing…
Bajaj-TVS Litigation
The Bajaj-TVS litigation explores the complexities of enforcing patent rights in the Indian motorcycle industry. Courts examined the validity and scope of patents, ultimately finding the technologies distinct…
Ex-parte Injunction Vacated Due to Lack of Prima-Facie Case of Infringement
The Delhi High Court vacated an ex-parte injunction in a patent infringement matter, emphasising the plaintiff’s failure to establish a prima-facie case. The judgment highlights the importance of…
Patentability of New Form, Use or Property – Section 3(d)
Section 3(d) of the Indian Patents Act limits patentability for new forms or uses of known substances unless enhanced efficacy is proven. The Novartis case illustrates how courts…
No Copyright in Mechanical Compiled database, ‘Suspiria’ Copyright Suit settled, Tracy Chapman Sues Nicki Minaj, Comments on Digital Copyright System, CD Baby Partners with Cosynd and more
This post discusses significant copyright and entertainment law news, including the Delhi High Court’s decision on mechanical compilation copyright and major international infringement suits. Updates on digital copyright…
Who Must Pay for Appointment of Scientific Advisors? Vittal Mallya Scientific Research Foundation Vs. Indfrag Limited
The post explores a court’s decision on who must pay for scientific advisors in Indian patent cases, focusing on Section 115 of the Patents Act. It analyses the…
Enforcement Action Against Palm for Violation of Terms of Open Source License
This post examines Artifex's enforcement action against Palm for alleged violation of open source license terms regarding muPDF. It discusses the legal trends in OSS license compliance and…
Department of IT to Support SMEs in International Patent Protection
The SIP-EIT scheme from the Department of IT supports Indian SMEs and startups with financial assistance for international patent protection in electronics and IT. Eligible applicants can receive…
Can use of an invention in a movie infringe a patent?
This article discusses the conditions under which using a patented invention in a movie may constitute patent infringement under Indian law. It differentiates between actual use and depiction,…
Patent and Public Domain Balance 2 – Patentability Requirements
This article explores the essential requirements for patentability and their function in shaping the boundary between patent protection and the public domain. It discusses the influence of the…
Patent and Public Domain Balance – 1
This article explores the relationship between exclusive patent rights and the public domain under Indian patent law. It discusses how incentives and access impact innovation and technological progress,…