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.

Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

The Delhi High Court issued a significant interim injunction in the ITW pre-conditioned air patent dispute, focusing on inventive step and claim construction under Indian law. While ITW secured a ban on future infringing acts, Dabico’s existing airport deployments were allowed to proceed.

Cow dung lamp from Traditional Knowledge fails to light up patentability standards

The Madras High Court dismissed an appeal seeking patent protection for a cow dung lamp, finding it ineligible due to reliance on traditional knowledge and lack of inventive step. The judgment offers clarity on the application of Section 3(p) and inventive step analysis under Indian patent law.

Court Cranks the Clock Back on Opposed Crankshaft Patent Refusal

The Madras High Court set aside the refusal of an opposed piston engine patent, citing insufficient analysis of inventive features. The case underscores the need for detailed examination of claim amendments and inventive step in Indian patent proceedings.

Patent on Portable Vehicle Management System goes offtrack

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.

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.

Diabetic 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.

Authors, 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.

Kannada 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.

Ad 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.

Exacting 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.