IP Law | Intellepedia

No Injunction After Patent Expiry, Holds Delhi High Court

An elderly woman in traditional clothing operates a spinning wheel in a dimly lit room. The word "EXPIRED" is prominently overlaid across the image in bold white letters.

In the case of Kabushiki Kaisha Toyota Jidoshokki v. LMW Limited, the Delhi High Court refused to grant an interim injunction after the expiry of the patent in suit. The Court held that patent rights lapse with expiry and cannot be enforced thereafter.

Delay in Copyright Lawsuit Costs Plaintiff Urgent Relief and Mediation Exemption

A beige background with a black rectangular stamp reading "URGENTLY REQUIRED" in bold letters. The text is overlaid with a large red "X" inside a red circle, symbolizing cancellation or denial of urgency.

In the case of Inreco Entertainment Pvt. Ltd. v. Nav Records Pvt. Ltd., the Calcutta High Court held that a copyright suit filed without genuine urgency could not bypass pre-institution mediation under Section 12A of the Commercial Courts Act. The Court revoked the exemption and dismissed the suit.

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

The Delhi High Court ruled in favor of Gemini Edibles and Fats India Ltd. in a trademark rectification petition, directing the removal of the “DREAM FREEDOM” mark from the Register of Trade Marks. The court found that the respondent had deceptively adopted the mark and trade dress of Gemini’s “FREEDOM” brand, leading to potential consumer confusion. The ruling reinforced the principles of prior use and deceptive similarity in trademark law.

Reasoned orders are a necessity in patent refusals, Madras HC reiterates

The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders.

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand.

Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims.

Delhi High Court issues injunctions for fraudulently using IP Law Firm’s Trademark and Partner’s Name

The Delhi High Court has issued an interim injunction against unidentified defendants for fraudulently using an IP law firm’s trademark and partner’s name. The court’s order addresses trademark infringement, passing off, and cybercrime, while emphasizing the need for vigilance against such deceptive practices.

Indian Patent and Design Statistics 2024 (February 16th to 23rd)

This report analyses Indian patent and design statistics for the week ending 23rd February 2024, covering publications, grants, examinations, and city-level trends. It provides valuable insights for stakeholders in the intellectual property domain.

NON FUNGIBLE TOKENS (NFTs) ON PATENTS: A BREAKTHROUGH IN THE INTELLECTUAL PROPERTY REGIME?

This article explores the potential of NFTs to revolutionise patent ownership and commercialisation using blockchain technology. It examines both the benefits and challenges of integrating NFTs into the intellectual property system, providing a balanced legal perspective.

Job Opening: Intellectual Property (IP) Associate – Bangalore

BananaIP Counsels is looking for an Intellectual Property Associate for its Bangalore office. The role requires expertise in IP law, legal advisory, and related fields, with opportunities for litigation management and research. Qualified candidates are encouraged to apply by submitting the required documents via email.