Intellectual Property | Intellepedia

Comments and Suggestions on Patent Agent Code of Conduct and Patent Rules Draft

DPIIT’s publication of the draft rules and draft Code of Conduct has provided an opportunity for stakeholders to share their views on the future regulatory framework for patent agents. Patent agents at BananaIP Counsels have responded with detailed comments at general and specific levels, offering suggestions that aim to make the framework more practical and suitable for modern patent practice. Their submission seeks to contribute to a balanced ecosystem that enables the continued growth of innovation in India.

Urgency in Patent Infringement Disputes: Supreme Court on Mediation Requirement

In the case of Novenco Building and Industry A/S vs Xero Energy Engineering Solutions Pvt. Ltd., the Supreme Court ruled that mandatory mediation under the Commercial Courts Act can be bypassed in intellectual property cases where continuing infringement creates immediate harm. The Court stated that urgency must be assessed from the perspective of ongoing injury, not simply on the basis of when the suit was filed.

Public Hearing on Online IP Services Announced by CGPDTM

The CGPDTM has announced an online public hearing on 4 December 2025 to review how online IP services operate within the Indian legal framework. Stakeholders are invited to offer focused submissions on safeguarding users and strengthening trust in the Indian IP ecosystem.

Order of the Rose: Sets Olfactory Trademark Standards

This note summarizes the Trade Marks Registry’s ‘Order of the Rose’ on registration of an olfactory trademark in India for rose-scented tyres. It explains the objections, the IIIT Allahabad graphical model and the Registrar’s reasoning on distinctiveness under the Trade Marks Act, 1999.

Premji Invest Secures Dynamic Injunction against Fraudsters

Digital security shield protecting against fraudulent websites, symbolizing court-ordered dynamic injunction measures to block deceptive domains.

The Delhi High Court granted Premji Invest a dynamic injunction to counteract ongoing impersonation and intellectual property fraud. The order allows real-time blocking of deceptive websites and apps, ensuring robust protection for both the business and the public.

Dispute Over a Flower: Goodwill in Relevant Trade

An abstract colourful background with the silhouette of two hands reaching out to a tulip flower in the middle.

The Delhi High Court clarified that prior trademark use is insufficient without proven goodwill in relevant trade or market. The decision in Suparshva Swabs v AGN International highlights the importance of market-specific reputation for passing off claims and sets clear boundaries for allied goods in trademark disputes.

People’s Pulse on Intellectual Property and What It Means for Business Today

Featured image showing a stylised human pulse graphic with the title “People’s Pulse on Intellectual Property and What It Means for Business Today,” symbolising public perception of intellectual property and business.

The WIPO Pulse Report released recently reveals that people associate intellectual property with trust and authenticity, even as they question value and access in some regions. These shifting perceptions reflect diverse regional experiences rather than a single global pattern.

Carnatic Karma: Bengaluru Restaurant Barred from Using ‘Carnatic’ Mark

A lively, illustrated street scene with several small cafés and people dining outdoors

The Delhi Commercial Court ruled in favour of Carnatic Café in a trademark dispute with a Bengaluru restaurant using “CARNATIC.” The Court found clear infringement and upheld the plaintiff’s exclusive rights, awarding damages and making the injunction permanent.

FMC Corporation’s Plea to Block Natco’s Cyantraniliprole Insecticide Formulation Denied

Chemical formula backdrop with text Natco wins dispute over Cyantraniliprole intermediate patent

Delhi High Court refused FMC’s interim plea on a Cyantraniliprole intermediate, citing credible invalidity under Sections 64(1)(a) and 64(1)(e) and a tenable Gillette defence. With expiry close, damages suffice rather than an injunction.

Can You Copyright a Product Photo When Design Is Registered? Madras HC Clarifies

A wooden desk with engineering blueprints and technical drawings spread out. Two printed photographs of a pump assembly lie on the blueprints.

The Madras High Court has clarified that a product photograph can be copyrighted even if the product’s design is registered. The Court held that Section 15(1) of the Copyright Act does not bar copyright in a photograph of a registered design, as the two are distinct forms of intellectual property.