Intellectual Property | Intellepedia

Patent Infringement Analysis or FTO Analysis in India – Challenges

The post analyses the unique challenges of patent infringement and FTO analysis in India, particularly due to limited online patent data. It highlights the risks involved and the need for improved Indian Patent Office resources.

Temporary Injunction Cases

This post examines two landmark Indian cases where courts declined temporary injunctions in patent infringement suits. The judgments clarify the principles guiding interim relief, including the need for a prima facie case and a favourable balance of convenience.

Public Access to TKDL under an Open Source Model

This article explores the proposal to provide public access to the Traditional Knowledge Digital Library using an open source model. It assesses the legal foundations, strengths, and challenges of such an approach, emphasising benefit sharing and protection for traditional knowledge holders.

Patenting a Food Recipe?

This post analyses the patentability of food recipes in India, focusing on exclusions under section 3 of the Indian Patent Act. It explores when a food recipe may qualify for patent protection and provides relevant examples from patent classification systems.

Is a Method of Massaging Patentable subject matter?

The post analyses whether massage methods can be patented in India, highlighting the distinction between non-medical and medical methods under Section 3(i) of the Patents Act. It references UK practice and suggests the Indian Patent Office may follow similar standards in the absence of direct precedents.

Waiving Moral Rights Can Be Moral

This analysis explores whether moral rights can be waived under different legal systems, with a focus on Indian copyright law. The issue remains unsettled by legislation and case law, making contractual terms and author status pivotal.

Value of Intellectual Property for Music Bands

This post explores the legal value of intellectual property for music bands in India, with an emphasis on trademark and copyright protection. It outlines essential registration procedures and the importance of enforcing rights to maximise revenue and avoid infringement.

Temporary Injunction: J. Mitra Vs. Kesar Medicaments

In J. Mitra Vs. Kesar Medicaments, the Court examined criteria for granting a temporary injunction in a patent infringement suit. The analysis considered patent validity, infringement, and the balance of convenience, ultimately favouring interim relief for the patent holder.

Temporary Injunction: Manika Thevar Vs. Star Plough Works

This post discusses the denial of a temporary injunction in Manika Thevar Vs. Star Plough Works, focusing on patent validity and the criteria for interim relief in Indian patent law. The Court’s analysis highlights the importance of a prima facie case and the impact of recent patents facing validity challenges.

“Three Idiots” Controversy – An Analysis

This analysis explores the legal and contractual aspects of the Three Idiots controversy, focusing on copyright and credit issues between Chetan Bhagat and the film producers. It evaluates substantial similarity under Indian law and examines the parties’ agreement regarding attribution.