Case Reviews | Intellepedia

First Owner of Copyright in Film Music: Delhi HC in Saregama v Ilaiyaraja

Film reel and musical notes illustrating film music rights.

Section 17(b) and 17(c) of the Copyright Act, 1957 was applied by the Delhi High Court to treat the producer as the first owner of copyright in film works, absent an agreement to the contrary. Interim restraint was granted against unauthorised licensing of the works.

Mist in the Machine, Haze in the Reasoning: Court Reiterates Mandatory Five-Step Test for Inventive Step

A white air humidifier releasing mist in a green room with a blurred background, overlaid with the title “Mist in the Machine, Haze in the Reasoning” in bold text.

In the case of Energeo Works India Private Limited v. Assistant Controller of Patents, the Patent Office refused a patent application relating to an air cooling system that used a mist of water to pre cool ambient air entering an air cooled chiller assembly. The refusal was based on lack of inventive step in view of two prior art documents and common general knowledge. The applicant challenged the refusal on the ground that the order was unreasoned and that the Controller had not applied the correct legal test for obviousness.

Why Canva’s “Present and Record” Feature Is Still Restricted in India?

Illustration of a woman using Canva on a laptop with a lock featuring the Indian flag over the screen and the headline “Canva’s Missing Feature in India!”, symbolizing the Present and Record feature being blocked in India.

Why Canva’s “Present and Record” feature is still restricted in India and how the interim injunction in the RxPrism patent dispute continues to operate.

Shatrughan Sinha and the Legal Fight Against Digital Impersonation

The Shatrughan Sinha digital impersonation ruling confirms that personality rights are enforceable against AI-driven misuse and commercial exploitation in the digital age.

Wanted Dead or Alive: Delhi High Court Holds Patent Revocation Survives Expiry and Section 107 Defence

Hand wearing a blue glove holding a small vial beside torn paper with the words “How to Survive,” symbolizing the Patent revocation case as decided by the Delhi High Court between Boehringer Ingelheim v. Controller

In the case of Boehringer Ingelheim Pharma GmbH & Co. KG v. Controller of Patents & Anr., the Delhi High Court addressed two important questions under the Patents Act: whether a revocation petition survives patent expiry, and whether it can continue after a Section 107 invalidity defence is raised in an infringement suit. The dispute arose from parallel revocation and infringement proceedings relating to Patent IN 243301 covering Linagliptin. The court held that revocation under Section 64 remains maintainable despite patent expiry and is not barred by a Section 107 defence.

OLIVE Trademark Case: Delhi High Court on Section 11 & Prior User Rights

Green-themed banner featuring an olive green T-shirt shown from the back on the left, a wooden board with green, black, and red olives and a small bottle of olive oil in the center, and an olive green T-shirt on the right printed with the phrase “OLIVE YOU” against a dark green background.

Delhi High Court refuses OLIVE trademark in Class 35, holding similarity with Class 25 marks and lack of proven prior user rights under Section 11.

“Will You Marry Me” Twice Not After a Copyright Assignment

In the case of Radhakrishna Productions Pvt. Ltd. v. Ikkon Films Pvt. Ltd. and others, a producer agreed to assign worldwide rights in the film Will You Marry Me in perpetuity. After that assignment, the producer entered into later arrangements for music rights and distribution rights with others. The assignee sued to protect the earlier assignment and stop further exploitation inconsistent with it.

A tipsy decision by the Trademark office? Court clarifies on geographical association of TAJPURIYA

A simple black and white illustration of two silhouetted figures standing together. One speech bubble says “SO?” while another larger bubble says “TAJPURIYA? That’s a tribe!” The image appears to represent a discussion or disagreement about whether the word TAJPURIYA refers to a tribal name.

In the case of M/S Ads Agro Industries Pvt Ltd vs The Registrar of Trade Marks, a liquor company applied to register the mark TAJPURIYA for alcoholic beverages. The Trade Marks Office first objected that the mark was geographical. However, in the final refusal order, it stated that TAJPURIYA was the name of an indigenous tribe associated with alcohol rituals. The High Court examined whether such a change in grounds was legally valid.

Examination and Pre-Grant Opposition Are Independent Proceedings; Composite Disposal Unsustainable

Bold text reading “NO SHORTCUTS,” with “NO” in red and “SHORTCUTS” in white, set against a dark background featuring Court

The Calcutta High Court has ruled that the Controller cannot collapse examination and pre-grant opposition into a single composite order to sidestep a Section 14 hearing. The decision reinforces natural justice and procedural discipline in Indian patent prosecution.

Trademark: ‘One For All’, Distinct For One? Delhi High Court Says Yes

In the case of Oswaal Books and Learnings Private Limited v. The Registrar of Trade Marks, the appellant sought registration of the mark “ONE FOR ALL” for educational publications in Class 16. The Registrar refused registration under Section 9(1)(a) on the ground that the mark was common, laudatory, and lacked distinctiveness. The Single Judge upheld the refusal. The Division Bench examined whether the expression was inherently distinctive or merely descriptive in the context of books.