Case Reviews | Intellepedia

Inventive Step analysis requires a rigorous examination, not surface analysis, says the Delhi High Court.

The Delhi High Court criticised the Controller of Patents for a superficial inventive step analysis in a recent patent refusal, emphasising the need for rigorous and well-reasoned assessments. The Court has directed a fresh hearing, highlighting the standards required under Indian patent law.

Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

The Delhi High Court clarified that trademark opposition timelines are mandatory and not subject to extension by the Registrar. The Court reinstated an opposition abandoned due to a minor delay in service, emphasizing strict statutory compliance.

Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court

The Delhi High Court ruled that a method of producing protein enriched blood serum is not a method of treatment under Section 3(i) of the Patents Act. The Court set aside the refusal and directed the Patent Office to reconsider the application after a fresh hearing.

‘Sri Sharanam Ayyappa’, ‘Dengue Don’ , and ‘Raashee’, Trademark Case Decisions

This blog post reviews key trademark infringement decisions by Indian High Courts, addressing damages, confusion, and judicial reasoning. It examines cases concerning rice, pan masala, and mosquito repellant trademarks, highlighting legal principles and practical implications for brand owners.

Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench

The Delhi High Court has raised an important question about the proper forum for filing trademark rectification petitions in India. The issue centres on whether jurisdiction should be limited to the High Court overseeing the relevant trademark office or extended to any High Court.

Use of the Trademark ‘Candlelight’ for Musical Concerts restrained by the Delhi High Court

The Delhi High Court has issued an interim injunction against the use of the ‘Candlelight’ trademark for concerts, siding with Fever Labs in a passing off dispute. The ruling highlights the protection of unregistered but distinctive trademarks in India’s live entertainment sector.

Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

The Delhi High Court has ruled that product by process patent claims are to be treated as product claims, not process claims, for both patentability and infringement analysis. This judgment clarifies the legal position and ensures consistent standards for evaluating pharmaceutical and other complex inventions in India.

Use of Akshay Tanna’s persona and reputation on social media for investment scams taken down

The Delhi High Court has ordered the removal of social media accounts impersonating Akshay Tanna for investment scams. The Court granted an exparte injunction, restraining further misuse of his persona for fraudulent purposes.

Patent and Trademark Dispute Settlements

This post examines recent patent and trademark dispute settlements in India, focusing on the legal terms and practical implications. The cases illustrate the advantages of amicable resolution in intellectual property disputes.

Court refuses injunction against Bhanushali’s “Main Atal Hoon”

The Bombay High Court declined to grant an interim injunction against Main Atal Hoon, finding that the film’s content was based on public domain events and thus not subject to copyright infringement. The decision also denied specific performance, citing the impracticality of court supervision in such matters.