Indian Patent Term Extension Rejected, Section 53 Constitutionally Upheld
Patent Term – Section 53 Challenge The appellants, Gunjan Sinha @ Kanishk Sinha and another, acquired a patent for a “fuel cell system and an eco-friendly vehicle” via…
Case Reviews
610 articles
Failure to Disclose Prior Art in Hearing Notice Violates Procedural Fairness, Rules Calcutta High Court
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. The Controller of…
Trademark Application Refusal Overturned in Mocemsa Case
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 by the Trade…
Toy Building Block Design: Defendant’s silence equals admission of infringement
Introduction In this case, Bol7 Technologies Pvt. Ltd. (“Bol7” or “Plaintiff”) filed a suit for a permanent injunction against Flipkart Internet Private Limited & Ors. (“Defendants”). The Bol7…
Risdiplam – Spinal Muscular Atrophy Case: Delhi HC Favors Public Health Over Roche Patent
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 Pharma Ltd. (“Natco”),…
Non Use of Trademark Leads to Cancellation: Delhi High Court 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…
Only Copyright Societies Can Issue Licenses: Delhi High Court Strikes a Blow to Music Licensing Practices of 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 in the business…
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 the rejection of…
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 referred to as…
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 Controller of Patents…