Intellectual Property Rights
Practice what you preach, especially if you’re an IP Lawyer
In an interesting turn of events, the Delhi High Court in Sujatha Chaudhri Vs Swarupa Ghosh ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh…
Who can file the request for examination of a patent application in India?
In the Indian Patent system, an application for the grant of a patent is taken up for examination by the Indian Patent Office only when a request for examination of the application is filed. Unless a request for examination is filed by either the Applicant or any other interested party there shall…
Pre-Litigation mediation in Intellectual Property matters in India
The Commercial Courts Act (hereinafter referred to as “the Act”) was enacted in 2015 to establish a definite procedural framework for dealing with commercial disputes. Commercial disputes include any dispute arising out of trade relationship between parties such as mercantile documents, partnership…
Delhi High Court decides on the appropriate jurisdiction (HC) for appeals against the orders of the Patent Office
The Delhi High Court in the matters of Dr. Reddys Laboratories Limited & Anr. Vs. The Controller of Patents & Ors. C.O. (CONN.IPD-PAT) No. 3/2021 with Thyssenkrupp Rothe Erde Germany GMBH Vs. The Controller of Patents & Anr. C.O. (CONN.IPD-PAT) 1/2022 and Elta Systems Ltd. Vs. The…
Pre-Litigation Mediation in Commercial Disputes in India
Alternate methods of dispute resolution are amicable methods of resolving disputes without the intervention of courts. It decreases the burden of the courts and encourages settlement proceedings among the parties. Generally, Alternate Dispute Resolution (ADR) uses one or more neutral third parties…
Trademark renewal in Pakistan
A trademark in Pakistan can be renewed for a period of 10 years. A request to renew a trademark in Pakistan should be made at any time during 6 months before the expiry of the trademark. A trademark application filed post-April 12, 2004, is granted registration for 10 years from the date of…
Maintaining a Trademark in Sri Lanka
A trademark once registered in Sri Lanka, is valid for a period of 10 years from the date of filing of the application or from the date of last renewal, as the case maybe. A trademark can be renewed in Sri Lanka by filing the request on Form M05 and paying the renewal fee. The request to renew the…
Moment Marketing and its legal implications
The power of the internet, in particular that of social media is humungous. People are constantly tied to their phones, eyeing for any latest news that may spring up, be it in the form of a tweet, a meme or a viral video. When used strategically, social media becomes one of the most powerful tools…
Case Brief: Sun Pharmaceuticals v. Cipla Ltd – IP Infringement or Global Medical Crises?
Recently, the Madras High Court, in the case of Sun Pharmaceuticals (Applicant/Defendant) v. Cipla Ltd (Respondent/Plaintiff) refused to vacate the interim injunction against the Applicant, Sun Pharmaceutical Industries. The Respondent, Cipla Ltd, was seeking directions against Sun Pharma, claiming…
The much needed check: An order of the Delhi High Court
The Intellectual Property (IP) Division of the Hon’ble High Court of Delhi, in its recent judgment has once again upheld the order of the Hon’ble Supreme Court of India and has issued further directions in this regard. A quick recap The Hon’ble Supreme Court, on March 23, 2020 rendered a laudable…