The Madras High Court has overturned the Controller of Patents’ refusal of a soluble foaming composition patent, highlighting procedural lapses in considering applicant submissions. The matter will now be reconsidered by another patent officer within four months.
Read more about Refusal of patent application relating to ‘Soluble Foaming Composition’ set asideCategory: Case Reviews
Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.
The Madras High Court clarified the distinction between assignment and declaration dates for proof of right under Section 7(2) of the Patents Act. This ruling guides applicants and controllers on procedural objections in Indian patent applications.
Read more about Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.Review and Reversal of Patent Refusal Orders by the Madras High Court
The Madras High Court has set aside several patent refusal orders, highlighting the need for proper reasoning and adherence to legal procedures. These judgments clarify essential aspects of patentability assessment and reinforce procedural fairness in Indian patent law.
Read more about Review and Reversal of Patent Refusal Orders by the Madras High CourtChand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.
The Madras High Court ruled that the Chand-A trademark for lungis is not infringing due to honest and concurrent use. The decision clarifies key principles for establishing such use in trademark disputes.
Read more about Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court
The Delhi High Court has restrained the use of ‘Java’ in domain and company names, citing trademark infringement of Oracle’s rights. The court clarified the scope of permissible use and addressed misleading references to Oracle Certification.
Read more about Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High CourtRefusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High Court
The Madras High Court has set aside a patent refusal for an image construction apparatus, citing insufficient reasoning under Section 3(k) and inventive step. The Court remanded the matter for reconsideration, highlighting the importance of well-reasoned decisions in patent law.
Read more about Refusal of Patent for “Image Construction Apparatus” based on Section 3(k) and Inventive Step set aside by the Madras High CourtAnother dynamic plus order to curb online piracy from the Delhi High Court
The Delhi High Court has granted a dynamic plus injunction to Universal Studios against rogue websites facilitating online piracy. The order extends protections to future infringing sites and empowers ISPs and registrars to block access and share ownership information.
Read more about Another dynamic plus order to curb online piracy from the Delhi High CourtWhere can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.
The Delhi High Court is reconsidering the proper jurisdiction for filing trademark rectification petitions. The question has been referred to a larger Bench for a definitive decision, with significant implications for trademark law in India.
Read more about Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.R Indira Devi has no Copyrights over Guntur Sushendra Sharma’s “My Country My People”, says the Telangana High Court.
The Telangana High Court confirmed that R Indira Devi has no copyrights over Guntur Sushendra Sharma’s works, upholding the rights of Sharma’s son. The ruling provides important guidance on copyright assignments and succession under Indian law.
Read more about R Indira Devi has no Copyrights over Guntur Sushendra Sharma’s “My Country My People”, says the Telangana High Court.Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court
The Delhi High Court set aside a patent refusal where the Controller relied on prior art not cited in the hearing notice. The decision underscores the importance of fair opportunity and proper analysis in patent proceedings in India.
Read more about Refusal of a patent application based on prior art not cited in hearing notice set aside by the Delhi High Court