IPR Amicus, May 2026

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Ratio decidendi 

• Patents – Making available a fungicide for use in high-temperature regions, without clogging the spraying machine, is ‘enhancement in efficacy’ under Section 3(d) – Delhi High Court
• Patents – ‘Therapeutic efficacy’ applies for medicines only; in other cases, efficacy depends on function, utility or purpose – Delhi High Court
• Trademarks – Transborder reputation and establishment of goodwill in India – SC decision in Prius distinguished – Delhi High Court
• Trademarks – Reputation in niche market, without mass penetration, is sufficient to establish ‘well-known mark’ – Delhi High Court
• Patents – National phase filing – Earliest priority date when cannot be amended to claim priority from a second later date – Delhi High Court
• Trademarks – No appeal maintainable against HC’s Single Bench decision in appeal against Registrar’s decision – Calcutta High Court
• Trademarks – No deceptive similarity or confusion between ‘Jiva’ and ‘Shatam Jeeva’ – Delhi High Court

News Nuggets 

• Trademarks – Appeal to High Court maintainable if order issued under Rule 48 although petition filed under Section 131 of the Trade Marks Act
• Trademarks – Failure to establish counterfeiting would not by itself render certain communications defamatory
• Patents – ‘Technical problem’ is universal in nature and not varies from person to person
• Trademark not to be dissected and then compared with two separate marks
• Trademark ‘Multani’ declared ‘well-known’ for ayurvedic pharmaceutical products
• No time limit for trademark applications disposal: Controller informs CIC
• Zero fee for sports-related IPR applications for three years: Commerce Minister
• India stays on USTR priority watch list on IPR