Prove it or lose it: Bombay High Court on “Common General Knowledge”
In Deepak Nitrite Limited v. The Assistant Controller General of Patents and Designs, the Bombay High Court set aside a Section 15 refusal that rested on an unsourced…
Intellectual Property
3,172 articles
From the Golden Temple to Television: Gurbani Kirtan, Broadcast Rights, and the Religious Ceremony Exception
In the case of Shiromani Gurdwara Parbandhak Committee and Anr. v. Galactic Television and Communications Pvt. Ltd. and Ors., Gurbani Kirtan streamed from the Golden Temple became the…
Bisleri vs ‘Bislie’: Two Swapped Letters, One Clear Case of Trademark Infringement
Bisleri International Private Limited approached the Bombay High Court after a Karnataka manufacturer began selling packaged drinking water under 'BISLIE', a mark built by shuffling two letters of…
Not a Mere Discovery: Delhi High Court Revisits Section 3(c) Patentability for Recombinant Proteins
Pioneer Hi-Bred International Inc. challenged the Controller of Patents' refusal of its insecticidal protein application before the Delhi High Court, testing the limits of Section 3(c) patentability for…
Indian IP Office Publishes Draft Patent and Revised Trade Marks Manuals for Stakeholder Comments
The Indian IP Office has released revised draft manuals dealing with patent and trade mark practice and procedure and has invited stakeholders to send their comments and suggestions.…
No Source, No Patent: Calcutta HC Says Fraunhofer Was ‘Shooting in the Dark’ on Bioreactor Biomass Patent
A bioreactor patent promising faster biomass growth through radiation exposure has been refused by the Calcutta High Court for failing to explain how the invention actually works, and…
A Little Biology, Some Chemistry, and a Trademark Called BIOCHEM
In the case of Alder Biochem Private Limited v. Zydus Healthcare Limited & Ors., BIOCHEM had been part of the pharmaceutical market for several decades before Alder adopted…
Madras HC Restrains Derogatory Claims on Pressure Cooker Patent
Elgi Ultra Private Limited sued Harish Joshi before the Madras High Court after he claimed its pressure cooker patent as his own idea on Facebook. Did the court…
Parle’s ’20-20′ Trademark Defeat: Filing Beats Prior Market Use
Parle Products and Avon Agro Industries both sought the '20-20' trademark on a 'proposed to be used' basis. The Delhi High Court's Division Bench weighs seventeen years of…
A Sound Beginning or Chaos in the Making? Artificial Intelligence (AI) in Patent Examination
The Indian Patent Office has taken a necessary first step by issuing Guidelines for the use of artificial intelligence in patent examination. The real test, however, lies in…