Intellectual Property | Intellepedia

Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

The Calcutta High Court has clarified the standards for product-by-process patent claims in India, focusing on the necessity of expert evidence in infringement cases. The decision in West Bengal Chemicals v. GTZ provides important guidance for pharmaceutical patent litigation.

Novartis says No to Novarish

The Bombay High Court granted Novartis an injunction against Novarish Healthcare for trademark infringement and passing off. The court found the marks deceptively similar and protected Novartis’s established rights under Indian IP law.

Did Emerge Classes’ mark fail the ‘passing off’ test?

The Jammu and Kashmir High Court upheld an injunction against Emerge Classes in a trademark passing off dispute, emphasising goodwill and deceptive similarity. The Court found that overall similarity between the marks was likely to cause confusion among students.

Indian Patent and Design Statistics 2024 (July 19th to July 26th)

This weekly report presents a structured review of Indian patent and design statistics for July 19th to July 26th, 2024, with insights into publication and grant trends. City-specific data and annual summaries provide a clear perspective on the current intellectual property landscape in India.

Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dress

The Delhi High Court granted an injunction against Qpharm for using deceptively similar packaging and trade dress to Glaxo’s products. This case illustrates the enforcement of trade dress rights and legal remedies available for trademark infringement and passing off in the Indian pharmaceutical industry.

CGPDTM Calls Stakeholders Meeting on Patents Amendment Rules, 2024

The CGPDTM has called for a virtual stakeholders meeting on 29th July, 2024, to discuss the statement of working requirements under the Patents Amendment Rules, 2024. Stakeholders can join the open house session to share feedback and concerns related to Form-27 filing.

Tusk of War : Girnar’s Jumbo Overpowers North-Western’s Haathi

The Calcutta High Court quashed a Registrar’s order granting North-Western a trademark with an elephant device, favouring Girnar’s prior rights. The judgment clarifies the assessment of prominent features and evidence in trademark disputes within the tea industry.

Madras HC on Phonetic Similarity: Little Einsteins vs. Little Einsteinz

The Madras High Court examined the issue of phonetic similarity in a trademark dispute involving ‘LITTLE EINSTEINS’ and ‘LITTLE EINSTEINZ’. It held that the Respondent’s mark was deceptively similar, leading to rectification of the Trade Marks Register.

Indian Patent and Design Statistics 2024 (July 12th to July 19th)

This post reviews Indian patent and design statistics for the week of July 12th to July 19th, 2024, with detailed figures on publications, examinations, and grants. It includes city-wise data and annual trends, offering a clear perspective on recent developments in Indian intellectual property filings.

Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

The Delhi High Court issued a significant interim injunction in the ITW pre-conditioned air patent dispute, focusing on inventive step and claim construction under Indian law. While ITW secured a ban on future infringing acts, Dabico’s existing airport deployments were allowed to proceed.