The Bombay High Court vacated an ex-parte injunction in a trademark dispute due to Atyati’s suppression of material facts regarding Cognizant’s prior logo use. This decision reiterates the necessity for full and transparent disclosure in ex-parte proceedings.
Read more about Full and Transparent Disclosure of Material Facts for Ex-parte InjunctionsClarifying 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.
Read more about Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZIndian Patent and Design Statistics 2024 (July 26th to August 2nd)
The latest Indian patent and design statistics from July 26th to August 2nd, 2024, highlight changes in patent publications, grants, and design registrations across major cities. This analytical report provides a structured overview of current trends in the Indian IP landscape.
Read more about Indian Patent and Design Statistics 2024 (July 26th to August 2nd)Knowledge Transfer by Former Employee Cannot Be Enforced, Rules the Delhi High Court
The Delhi High Court has clarified that a former employee cannot be compelled to transfer knowledge by mandatory injunction, as such enforcement equates to personal service contracts, which are not specifically enforceable under Indian law. The court relied on established precedents and the Specific Relief Act to reach this conclusion.
Read more about Knowledge Transfer by Former Employee Cannot Be Enforced, Rules the Delhi High CourtNovartis 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.
Read more about Novartis says No to NovarishDid 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.
Read more about Did Emerge Classes’ mark fail the ‘passing off’ test?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.
Read more about Indian Patent and Design Statistics 2024 (July 19th to July 26th)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.
Read more about Similarity Overdose : Glaxo’s trade dress vs Qpharm’s trade dressCGPDTM 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.
Read more about CGPDTM Calls Stakeholders Meeting on Patents Amendment Rules, 2024Tusk 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.
Read more about Tusk of War : Girnar’s Jumbo Overpowers North-Western’s Haathi