Ratio decidendi
- Patents – Inventive step – Identification of inventive concept and PSITA is sacrosanct – Delhi High Court
- Trademarks – Honest and concurrent use – Time spent in deciding opposition is not to be considered – Delhi High Court
- Patent infringement in case of life-giving therapeutic preparation – Public interest is also a consideration while deciding interlocutory injunction – Delhi High Court
- Trademarks – Deceptive similarity is important for rejecting registration – Meaning assigned to words is not material – Madras High Court
- Trademarks – Prior use – Not material whether the use is sporadic or continuous – Delhi High Court
- Trademarks – Absence of standalone registration of part of composite trademark is not relevant – Delhi High Court
- Ownership of IP in software cannot be resolved through arbitration – Bombay High Court
- Trademark infringement by domain names registered by unknown third parties – Domain Name Registrars can be treated as infringers and be liable to damages – Delhi High Court
- Patents – Employment contracts can be considered as valid ‘proof of right’ – Delhi High Court
News Nuggets
- Marks ‘Novarise’ and ‘Novartis’ are visually, phonetically, structurally and deceptively similar
- Marks ‘Mrinda’ and ‘Minda’ are phonetically, visually, structurally and deceptively similar
- No registration of single word PROMAX when cited marks are PROMAX formative marks
- Mark ‘EsiRaft’ is not visually, structurally or phonetically similar to the mark ‘RACIRAFT’
- Mistake of uploading application in a different drop-down available in the e-filing portal can be corrected by Controller
- Patent rejected for MNC’s cancer drug, generics to follow
- India-EU FTA – Indian and EU IP laws to come closer