Case Reviews | Intellepedia

Technical Delay Cannot Lead to Trademark Opposition Abandonment

The Delhi High Court held that procedural lapses, such as failing to file an original affidavit on time, cannot justify abandonment of trademark opposition if there is clear intent to comply. The judgment underscores the primacy of substantive rights over minor technicalities in Indian trademark law.

Pisco Grape Spirit GI Battle: Delhi High Court Rules in Peru vs Chile Case

Two bottles and two glasses of Pisco labeled "Peruvian Pisco" and "Chilean Pisco" are displayed on a table set against a scenic vineyard backdrop at sunset, symbolizing the geographical indication dispute between Peru and Chile.

In a case involving competing claims over the geographical indication (GI) “Pisco” for grape spirit, the Delhi High Court recently upheld Chile’s registration and dismissed Peru’s challenge.

Fake Volvos Got Legally Grilled: A Trademark Tale Gone Off Route

Volvo clamps down on fake buses mimicking the grille slash mark, reinforcing trademark law’s role in consumer protection and brand integrity.

Patent Application for System to Locate Users on P2P Networks Refused under Section 3(k)

Wooden cylinders with letters "P2P" symbolizing peer-to-peer networks, placed on a background of dollar bills. Wooden cylinders with letters "P2P" symbolizing peer-to-peer networks, placed on a background of dollar bills.

The Delhi High Court has upheld the refusal of a patent application for a system that locates users on peer-to-peer networks. The Court ruled that the invention was a computer program per se, excluded from patentability under Section 3(k) of the Patents Act.

Trademark Registrations are Pan-India

A satellite view of India at night with illuminated cities, highlighting the phrase "Trademarks are PAN INDIA".

The High Court reinstated an injunction in favour of Rainbow Hospitals, confirming that trademark registrations are pan-India in scope and shield brand owners from dishonest adopters, irrespective of geographical overlap.

Coca-Cola Patent Appeal: Delhi HC Emphasizes Need for Reasoned Inventive Step Analysis

A row of classic Coca-Cola glass bottles with red labels and caps, placed against a bright yellow background.

Delhi HC overturned Coca-Cola’s patent refusal, stressing the need for detailed inventive step analysis in patent decisions.

Madras High Court Orders Fresh Review of Shaperon’s Skin Disorder Patent Rejection

A woman with a serene expression is shown against a muted green background, with translucent white hexagonal molecular structures superimposed on her face and neck. The image has been used to reflect the theme of this artilce, which is Rejection of Shaperon's patent for skin disorder management

The Madras High Court has overturned the rejection of Shaperon Inc’s patent for skin disorder treatment compositions, citing inadequate assessment of prior arguments and international patent approvals. The case has been remanded for fresh consideration by a different officer, with a new decision expected within four months.

Ziegler-Natta Catalyst Patent Rejection Upheld for Lack of Inventive Step

Illustration of a judge at a courtroom bench holding a gavel, smiling and giving a thumbs down, with a speech bubble saying “This is ‘Natta’ Catalyst” – a pun referring to the rejection of a Ziegler-Natta catalyst patent.

The Delhi High Court upheld the refusal of Lummus Novolen’s patent for a Ziegler-Natta catalyst, citing lack of inventive step and similarity to prior art. Read the key observations and legal reasoning.

Employee Free to Join New Firm Despite Employer’s Non-Compete Clause – Delhi High Court

A hand signing an "Employee Non-Compete Agreement" document, overlaid on a black-and-white background of tall office buildings, symbolising corporate employment and legal restrictions.

In a recent case involving a dispute over a non-compete clause, the Delhi High Court ruled that an employer cannot restrain a former employee from joining a new company after the termination of employment. The Court vacated an interim injunction restraining the employee from working with a client of his previous employer.

Shindengen’s Patent Application remanded for fresh consideration for lack of reasoned order

Illustration of a desk lamp shining light on the glowing handwritten text "Reasoned order?" set against a dark blue background.

The Calcutta High Court remanded Shindengen Electric’s 2015 patent application after finding that the rejection order lacked proper reasoning. The decision emphasised the need for administrative transparency and importance of importance of judicial reasoning.