Indian Patent Term Extension Rejected, Section 53 Constitutionally Upheld

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Patent Term – Section 53 Challenge The appellants, Gunjan Sinha @ Kanishk Sinha and another, acquired a patent for a “fuel cell system and an...

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Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court

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Introduction The Calcutta High Court recently overturned the Controller’s decision to reject a patent application in the case of UCB Pharma GmbH & Anr. v....

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Toy Building Block Design: Defendant’s silence equals admission of infringement

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Introduction In this case, Bol7 Technologies Pvt. Ltd. (“Bol7” or “Plaintiff”) filed a suit for a permanent injunction against Flipkart Internet Private Limited & Ors....

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Risdiplam – Spinal Muscular Atrophy Case: Delhi HC Favors Public Health Over Roche Patent

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The Delhi High Court, in a significant ruling dated March 24th, 2024, rejected the interim injunction application of F Hoffmann-La Roche AG (“Roche”) against Natco...

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Non Use of Trademark Leads to Cancellation: Delhi High Court favors Zepto

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The Delhi High Court, in an ex-parte decision, ordered the removal of the ‘ZEPTO’ trademark registered by Mohammad Arshad in Class 35, upholding Kiranakart’s claim of non-use. The judgment affirms that trademarks must be actively used to retain validity under Section 47 of the Trade Marks Act.

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Only Copyright Societies Can Issue Licenses: Delhi High Court Strikes a Blow to Music Licensing Practices of PPL, Novex, and Others

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In Azure Hospitality Pvt. Ltd. v. Phonographic Performance Ltd., the Court held that Phonographic Performance Limited (“PPL”), though an assignee of copyrights, could not engage...

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When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection

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The recent judgement of the Calcutta High Court in BASF SE v. Joint Controller of Patents warrants attention for multiple reasons, particularly as it addresses...

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Regents’ Patent on Live Salmonella Vaccine Fails to Meet Disclosure Requirements, Court Rules

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The Delhi High Court recently upheld the Controller of Patents' decision to reject an appeal filed by the Regents of the University of California (hereafter...

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