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The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The Calcutta High Court scrutinized the constitutional validity of Section 53 of the Patents Act. The Petitoner argued for recalculating patent term from the date of grant, contending the current provision as arbitrary. However, the Court upheld the existing framework, emphasizing legislative discretion and international compliance. Continue Reading The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

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Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

Explore the latest 2023 updates in Indian trademark law. This post delves into recent court decisions, analyzing key rulings on trademark distinctiveness, registration, and infringement. Stay informed with insights and implications from pivotal cases shaping India’s trademark legal landscape. Continue Reading Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

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Deciphering India's Design Law - Part 2

Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 2)

In the second installment of our series on Design Patents in India, BananaIP Counsels presents an analysis of critical judgments that define the scope and interpretation of design law in the country. These rulings offer clarity for stakeholders and contribute significantly to the evolving legal framework surrounding designs. The claim for infringement not established: No Design Infringement of Hipster Alcohol Bottle Design Alcobrew's bottles do not prima facie infringe the registered 'Hipster' bottle design of Diageo says Delhi Court. While rejecting…

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India's Design Law Key Verdicts 2023

Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 1)

Kickstarting our series on India's design law, we explore three significant verdicts that shed light on the nuances of intellectual property protection. Adoption of strikingly similar Sonic Nozzle Design prima facie amounts to infringement, says Calcutta High Court. The Calcutta High Court recently granted an interim injunction in favour of Raring Corporation with respect to its registered design pertaining to the sonic nozzle used in dust collection and suppression equipment. The Court stated that the defendant's nozzle is strikingly similar to…

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