Case Reviews | Intellepedia

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The Calcutta High Court has upheld the constitutional validity of the 20-year patent term from the date of filing under Section 53 of the Patents Act. The judgment clarifies the legislative scheme and confirms there is no inconsistency or arbitrariness in the provision.

A Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VII

The Delhi High Court analysed the validity of eight Ericsson patents under Section 3(k), following Lava’s challenge. Except for the first patent, the Court upheld the remaining patents, finding them to involve technical advancements beyond mere algorithms or mathematical methods.

Premier Injunction for the Premier League : Viacom18 knocks out IPL Pirates with Dynamic+ Injunction

The Delhi High Court granted Viacom18 a dynamic+ injunction to proactively block rogue websites infringing IPL media rights. This order strengthens copyright protection by enabling real-time enforcement against illegal streaming during live events.

Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.

The Madras High Court held that Section 3c of the Patents Act, 1970 does not exclude engineered non-living substances from patent protection. The ruling clarifies the distinction between discovery and invention for biotechnology patents in India.

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.

Revocation of Patent on the ground of misrepresentation – Ericsson vs Lava : Part VI

The Delhi High Court in Ericsson vs Lava clarified that revocation of a patent on the ground of misrepresentation requires strong, clear evidence of intentional deceit. In this case, Lava failed to meet the legal threshold, resulting in rejection of its revocation claim.

Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High Court

The Gujarat High Court refused to grant an injunction to Sonani Industries against its former employees for using diamond colouring technology, citing a lack of proprietary confidential information and the expiry of the relevant know-how agreement. The Court also clarified that issues of copyright infringement would be examined during the ongoing trial.

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

The Delhi High Court has restrained several parties from selling cigarettes using deceptively similar marks to ITC’s Gold Flake brand, citing clear infringement and passing off. This decision underscores the judicial approach to protecting well-known trademarks in India.

Non-use of trademark is not a valid defense against injunction

The Delhi High Court ruled that non-use of a trademark does not automatically bar injunctive relief if deceptive similarity and consumer confusion are present. The Court emphasized that trademark protection persists despite periods of non-use, provided legal criteria for an injunction are satisfied.

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.