Madras High Court gives Zhejiang’s hair dye patent a new lease on life, quashing an unreasoned refusal and directing a fresh, reasoned hearing.
Read more about From Refusal to Reconsideration: A Second Chance for Zhejiang’s Hair Dye PatentProducts Made During Patent Term are Infringing Even After Expiry
In the case of Boehringer Ingelheim v. Femilab Healthcare, the Himachal Pradesh High Court ruled that interim injunctions granted to prevent patent infringement cannot continue after the patent has expired. The court held that such relief loses effect with the end of the patent term. However, it stated that infringing products made during the patent’s validity may still be restrained from being sold or used after the patent expires.
Read more about Products Made During Patent Term are Infringing Even After ExpiryNo Trademark Infringement by Registered Proprietor
The Bombay High Court ruled that no trademark infringement or passing off was established against the registered proprietor of KARPURE and AIR KARPURE. The Court found the marks and trade dress sufficiently distinct, dismissing the Plaintiff’s claim for interim relief.
Read more about No Trademark Infringement by Registered ProprietorAmgen’s Lyophilized Peptibody Patent Upheld by Madras High Court
Madras High Court backs Amgen on lyophilized peptibody formulations, rejecting Section 3(d), 3(e) and inventive step objections. Grant directed, with claims narrowed to supported sequences.
Read more about Amgen’s Lyophilized Peptibody Patent Upheld by Madras High CourtActor Vijay’s Tamilaga Vettri Kazhagam Flag Use Allowed as Court Finds No Prima Facie Trademark or Copyright Violation
In the case of G B Pachaiyappan vs Tamilaga Vettri Kazhagam, the Madras High Court addressed claims of trade mark infringement, copyright infringement, and passing off against a political party over its use of a flag allegedly similar to one adopted earlier by a social trust. The court declined to grant interim injunctions.
Read more about Actor Vijay’s Tamilaga Vettri Kazhagam Flag Use Allowed as Court Finds No Prima Facie Trademark or Copyright ViolationYatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says Court
In the case of Yatra Online Limited v. Mach Conferences and Events Limited, the Delhi High Court examined whether a travel company could claim exclusive rights over the term ‘YATRA’. Concluding that the mark was descriptive and not distinctive, the Court refused to restrain the defendant from using a similar mark.
Read more about Yatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says CourtOral Insulin Patent Case: Efficacy Not a Requirement Under Section 3(e)
In the case of Oramed Ltd. v. Controller General of Patents & Designs, the Calcutta High Court examined the refusal of a patent for an oral insulin composition. The Court held that inventive step cannot be determined by combining prior art without a clear rationale and stated that therapeutic efficacy is not a requirement under Section 3(e) of the Patents Act. The refusal order was set aside and the matter was remanded for fresh consideration.
Read more about Oral Insulin Patent Case: Efficacy Not a Requirement Under Section 3(e)Cannot raise new ground while refusing patent, rules Delhi High Court
Delhi HC set aside a patent refusal against Proprietect L P, citing violation of natural justice, failure to consider amended claims, and lack of reasoning.
Read more about Cannot raise new ground while refusing patent, rules Delhi High CourtDisco Dancer Copyright in Court: Remake, Adaptation, or Sequel?
In a recent case involving the iconic film Disco Dancer, the Bombay High Court examined whether a stage musical and a proposed new film were a remake, an adaptation, or a sequel. The Court held that the musical was an adaptation covered by Shemaroo’s rights, but refused to restrain the new film since Shemaroo had not pleaded infringement in its plaint. The order pointed out the difference between remake, adaptation, and sequel under Indian copyright law.
Read more about Disco Dancer Copyright in Court: Remake, Adaptation, or Sequel?Delhi High Court Patent Injunction: Aquestia Wins Against Automat Industries
Delhi High Court grants patent injunction to Aquestia, stopping Automat from selling Hydromat valves over suspected patent infringement.
Read more about Delhi High Court Patent Injunction: Aquestia Wins Against Automat Industries