Tag: quia timet

No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case

A stylized laboratory scene showing a large blue capsule being constructed by steampunk-style mechanical arms, with sparks flying. A wooden sign next to the capsule reads "UNDER CONSTRUCTION," symbolizing a drug still in development. Various lab equipment is visible in the background. Featured image for article: No Territorial Jurisdiction, No Quia Timet Relief: Lessons from a Patent Case

In the case of Helsinn Healthcare SA vs AET Laboratories, the Delhi High Court declined to entertain a patent infringement action filed in anticipation of future infringement. The Court examined the territorial reach of Indian courts in web-based patent matters and reaffirmed the principles required to sustain quia timet actions.

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Trademark Application Alone Not Enough for Infringement Suit

Comic-style image illustrating a courtroom scenario. On the left panel, a judge asks a person, "Have you used the trademark?" The person responds, "No, but I intend to!" In the right panel, the word "DENIED" appears boldly in red letters on a bright yellow background. Featured image for article: Trademark Application Alone Not Enough for Infringement Suit

In Deepak Kumar Khemka v. Yogesh Kumar Jaiswal & Ors., the Delhi High Court held that filing a trademark application does not amount to trademark infringement. The Court dismissed the suit in limine, reiterating that infringement under the Trade Marks Act arises only from use in trade – not from proposed registration.

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