Case Reviews | Intellepedia

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

"Dictionary entry highlighting the word 'disclose' with its definition to make information known or public."

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....

Trademark Application Refusal Overturned in Mocemsa Case

Naturally Distinct Mocemsa Wins Appeal Against Trademark Application Refusal

Introduction In a recent decision, the Delhi High Court ruled in favor of M/S. Mocemsa Care ("Mocemsa") in its appeal against the trademark application refusal...

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....

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

Delhi High Court Denies Injunction on SMA Drug Patent, Prioritises Public Interest Over Patent Rights

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...

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

Non-Use of Trademark Leads to Cancellation: Delhi HC Favors Zepto

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.

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

Only copyright societies can issue licenses – Delhi High Court decision impacting music licensing by PPL, Novex, and others

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...

When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection

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...

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

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...

Hybrid Cell Inventions: Section 3(j) of the Patents Act Does Not Apply

In a recent decision, the Calcutta High Court upheld an appeal filed by BTS Research International Pty Ltd (“BTS”) challenging the rejection by the Assistant...

ITC’s injunction against Arpita Agro upheld

The Delhi High Court upheld ITC’s injunction against Arpita Agro, restraining the company from using the trademark ‘POWRNYM.’ The Court ruled that the mark was deceptively similar to ITC’s ‘NIMYLE’ and ‘JOR-POWR,’ violating trademark rights. The judgment emphasized that contractual obligations and trade dress similarities must be strictly adhered to in trademark disputes.