The Delhi High Court upheld the refusal of a patent application for a portable vehicle management system, citing lack of inventive step over prior art. This case highlights the application of key Indian patent law principles on non-obviousness and inventive step, particularly regarding mosaicing and hindsight bias.
Read more about Patent on Portable Vehicle Management System goes offtrackAuthor: 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.
Marc Salon’s Design Makes the Cut: Court Grants Injunction
The Delhi High Court has upheld an injunction protecting Marc Salon’s salon furniture designs against GM Sales, recognising their originality and market reputation. The Court found strong evidence of passing off and copyright infringement, confirming Marc Salon’s entitlement to legal protection.
Read more about Marc Salon’s Design Makes the Cut: Court Grants InjunctionDiabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark Scrutiny
The Bombay High Court has restrained Gleck Pharma from using XIGAMET for its diabetes product, finding it deceptively similar to Glenmark’s ZITA-MET. This decision highlights the Court’s heightened scrutiny in pharmaceutical trademark cases to prevent consumer confusion and associated health risks.
Read more about Diabetic Product XigaMet Loses to ZitaMet Under Heightened Pharma Trademark ScrutinyAuthors, Copyright and Royalty Share : The Calcutta High Court gives clarity
The Calcutta High Court has clarified the scope of authors’ royalty rights under Indian copyright law, affirming protections introduced by the 2012 amendment. The judgment ensures that authors of literary and musical works receive royalties, irrespective of copyright ownership transfers or the date of creation.
Read more about Authors, Copyright and Royalty Share : The Calcutta High Court gives clarityKannada Lyricist Hamsalekha Wins Copyright Case Against Saavn
The Karnataka High Court ruled in favour of Hamsalekha, confirming that authors retain moral rights and the ability to seek name credit, even after assigning rights to IPRS. The Court clarified that such disputes are not necessarily commercial in nature under Indian copyright law.
Read more about Kannada Lyricist Hamsalekha Wins Copyright Case Against SaavnAd Agency sues Jindal Steels for Copyright Infringement
Wieden Kennedy sued Jindal Steel for copyright infringement over an advertisement, leading to a Delhi High Court order for arbitration and a monetary deposit. The Court declined an interim injunction, citing balance of convenience and contractual arbitration provisions.
Read more about Ad Agency sues Jindal Steels for Copyright InfringementExacting Standards for Pharma Trademarks and their Dominant Parts
The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and established legal principles on the scrutiny of dominant trademark parts in the pharmaceutical sector.
Read more about Exacting Standards for Pharma Trademarks and their Dominant PartsSEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5
This post discusses the Delhi High Court’s approach to awarding actual costs in the Ericsson v Lava standard essential patent litigation. It outlines the legal principles applied and analyses the Court’s reasoning, focusing on party conduct and litigation strategy in determining cost awards.
Read more about SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5Exploring Patent Hold Up, Royalty Stacking, and Hold Out – Ericsson v. Lava – Part 3
This post discusses patent hold up, royalty stacking, and hold out in the context of the Ericsson v Lava dispute. The analysis highlights the Court’s reliance on evidence while addressing FRAND licensing arguments and SEP enforcement in India.
Read more about Exploring Patent Hold Up, Royalty Stacking, and Hold Out – Ericsson v. Lava – Part 3Court orders Meesho to display Seller Information and comply with Ecommerce Rules
The Delhi High Court has ordered Meesho to display full seller information and comply with ecommerce regulations following a copyright dispute. This decision highlights the responsibility of e-commerce platforms to protect intellectual property and ensure transparency for consumers.
Read more about Court orders Meesho to display Seller Information and comply with Ecommerce Rules