India

Metso Outotec Corporation v. the Registrar of Trade Marks

Background The Bombay High Court on October 6, 2021, set aside and quashed the decisions of the Senior Examiner of Trade Marks refusing the mark “SISUPER”. In Metso Outotec Corporation v. the Registrar of Trade Marks, appeals were preferred before the Bombay High Court from orders passed by the…


The dire need for a Post Registration Trademark Audit Program in India

The USPTO’s Post Registration Audit Program Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. Consequently, a mark may be selected at random, and an audit may be carried out…


Pre-grant patent opposition in India

A Pre-Grant opposition in India is clearly explained in Section 25(1) of the Patents Act, 1970 which deals with the Pre-Grant Opposition proceeding. It explains the meaning, grounds and procedure for initiating an opposition proceeding in India. ‘Opposition’ is a word commonly heard and loosely…


The Bridge to India- The Guidelines bridging the gap

The whispers have been incessant since the announcement of the Bilateral Patent Prosecution Highway (PPH) Programme between the Indian Patent Office (IPO) and the Japan Patent Office (JPO), which commenced officially on November 21, 2019, by signing a Joint Statement of Intent (JSOI) to this effect…


The Bridge to India - The potential of the recent PPH agreement between Japan & India

With the announcement of the Bilateral Patent Prosecution Highway (PPH) Programme between the Indian Patent Office under the Controller General of Patents, Design and Trade Marks (CGPDTM) and the Japan Patent Office (JPO), the floodgates to investments and financing in India has opened…


Nei Patent ; Nei Infringement

The Plaintiff in the instant case- Novartis AG, had filed the present suit before the Hon’ble Delhi High Court against the defendant - Natco Pharma Ltd., seeking permanent injunction, damages, rendition of accounts and delivery up in respect to its granted patent, Indian Patent No. 276026. The…


Subtitle - Another Movie?

A million droplets make an ocean, similarly a small judgement/order makes a great precedent. This order by the Hon’ble Bombay High Court, delivered on 28th September, 2019 pertaining to subtitles in movies, is one such droplet that will potentially open the floodgate for the entertainment and media…


Trademark Pulse pulses the Deceptively similar Pulser

In this case, the Plaintiff had instituted a suit against the Defendant and his proprietorship for infringement of trademark, copyright, trade dress, layout, colour combination, get up of the Plaintiff’s trademark PULSE candies adopting the trademark PULSER along with a deceptively similar trade…


The battle of the ‘JABARDASTH’ vs ‘BAND BAJA BAARAAT’

On July 8, 2019 The Delhi High Court decided that a copyright infringement occurs when there is no ‘Originality’ under Section 13(3)(a) and Section 2(d) of the Copyright Act, 1957. This is an essential feature for any right claiming copyright infringement, and was missing in the subject matter…


No Moral Rights over Destruction of a Work: Delhi High Court

In the world of construction, an architect holds a remarkable position. Generally, an architect is often subjected to resentment, and faces multiple disputes when he or she tries to balance between the builders and the owners of the building. An architect quite often turns to be the ultimate…