Author: Dr. Kalyan Kankanala

Dr. Kalyan Kankanala is a practicing intellectual property (IP) attorney and author. He is a senior partner at BananaIP Counsels, a well-known IP firm based in Bangalore, India. His writings cover a range of topics relating to IP law, business, and policy, and he has authored several books and articles in the field. He has been contributing to this blog since 2007. The views expressed here are his own and do not represent those of BananaIP Counsels or its members.

No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case

A stylized laboratory scene showing a large blue capsule being constructed by steampunk-style mechanical arms, with sparks flying. A wooden sign next to the capsule reads "UNDER CONSTRUCTION," symbolizing a drug still in development. Various lab equipment is visible in the background.

In the case of Helsinn Healthcare SA vs AET Laboratories, the Delhi High Court declined to entertain a patent infringement action filed in anticipation of future infringement. The Court examined the territorial reach of Indian courts in web-based patent matters and reaffirmed the principles required to sustain quia timet actions.

AI, Copyrights, and Libraries

Libraries exist to promote access to knowledge, but copyright law regulates and sometimes restricts that access. As artificial intelligence enters the picture, the balance becomes even more complex. AI offers libraries the power to catalogue, preserve, and deliver content faster and more efficiently than ever before, but it also raises questions about training data, ownership of outputs, and potential copyright infringement.

This article explains how Indian copyright law applies to libraries, what exceptions protect them, and why AI can be both an opportunity and a risk. It also sets out practical steps libraries can take — from policy frameworks to risk assessments — to embrace AI responsibly and continue their mission of serving education, research, and culture.

Alia Bhatt Case: Court Stops Ex-Personal Secretary from Sharing Confidential Info

In the case of Eternal Sunshine Productions Pvt. Ltd. vs Vedika Prakash Shetty, the Bombay High Court stepped in to protect sensitive personal data of actor Ms. Alia Bhatt. The court upheld the confidentiality obligations set out in a release letter and restrained the former personal secretary from disclosing private information to the public or media.

India at Global Innovation Rank 38: Progress and the Road Ahead

Featured image displaying the post title India at Innovation Rank 38

India’s rise to innovation rank 38 is no fluke; digital muscle and clusters deliver. The next leap demands early-stage capital, stronger R&D, and faster, simpler IP.

Aishwarya Rai Gets Court Relief Against Deepfakes, Fake Merchandise, and Online Impersonation

In the case of Aishwarya Rai Bachchan vs Aishwaryaworld.Com, the Delhi High Court restrained several websites, online sellers, and digital content creators from misusing the identity of the celebrity through unauthorised merchandise, websites, AI-generated impersonations, and obscene deepfakes.

Glucon-D and Glucon-C Trademark Suit: Court Says Pre-Litigation Mediation is Mandatory

In the case of Zydus Wellness Products Ltd. v. Karnal Foods Pack Cluster Limited, involving the trademarks “Glucon-D” and “Glucon-C”, the Himachal Pradesh High Court reiterated that plaintiffs must mandatorily attempt pre-litigation mediation before filing commercial suits, unless there is a clear and justifiable urgency requiring interim relief. The Court examined the timeline of the plaintiff’s actions and found no genuine urgency to bypass the mediation step.

Products Made During Patent Term are Infringing Even After Expiry

In the case of Boehringer Ingelheim v. Femilab Healthcare, the Himachal Pradesh High Court ruled that interim injunctions granted to prevent patent infringement cannot continue after the patent has expired. The court held that such relief loses effect with the end of the patent term. However, it stated that infringing products made during the patent’s validity may still be restrained from being sold or used after the patent expires.

Actor Vijay’s Tamilaga Vettri Kazhagam Flag Use Allowed as Court Finds No Prima Facie Trademark or Copyright Violation

Illustration of an actor beside a film clapperboard, with the headline ‘Actor Vijay’s Tamilaga Vettri Kazhagam flag use allowed; no prima facie trademark or copyright violation.

In the case of G B Pachaiyappan vs Tamilaga Vettri Kazhagam, the Madras High Court addressed claims of trade mark infringement, copyright infringement, and passing off against a political party over its use of a flag allegedly similar to one adopted earlier by a social trust. The court declined to grant interim injunctions.

Yatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says Court

In the case of Yatra Online Limited v. Mach Conferences and Events Limited, the Delhi High Court examined whether a travel company could claim exclusive rights over the term ‘YATRA’. Concluding that the mark was descriptive and not distinctive, the Court refused to restrain the defendant from using a similar mark.

Oral Insulin Patent Case: Efficacy Not a Requirement Under Section 3(e)

In the case of Oramed Ltd. v. Controller General of Patents & Designs, the Calcutta High Court examined the refusal of a patent for an oral insulin composition. The Court held that inventive step cannot be determined by combining prior art without a clear rationale and stated that therapeutic efficacy is not a requirement under Section 3(e) of the Patents Act. The refusal order was set aside and the matter was remanded for fresh consideration.