Articles
Balancing innovation and conservation: The intersection of Indian patent law and biodiversity law
By Malathi Lakshmikumaran and Aashmeen Kaur
India’s legal framework governing patents and biodiversity reflects a nuanced and progressive approach to balancing technological advancement with ecological stewardship. The Patents Act fosters innovation, while Biological Diversity Act, 2002 (as amended) ensures that such innovation respects and rewards the contributions of India’s biodiversity and indigenous communities. Discussing the intersection and mutual checks between the two Acts, as well as few challenges and recommendations, the authors highlight that the intersection of patent law and biodiversity regulation is a collaborative safeguard. It ensures that India’s future remains both inventive and inclusive, while its rich biodiversity is sustainably protected.
The mark endures: Trademark goodwill beyond the sale of goods
By Chhavi Dhawan and Kriti Sood
Indian Courts have consistently emphasized that for a passing off action to succeed, the claimant must prove that such goodwill exists within India’s borders, highlighting the importance of local consumer recognition over international fame. This foundational principle was recently reaffirmed by the Division Bench of the Delhi High Court in the case of VIP Industries Ltd. v. Carlton Shoes Ltd. which is discussed in the second article in this issue of IPR Amicus. According to the authors, the decision has far-reaching implications for brand owners, particularly those seeking to diversify across product categories.
When a pump photo pumps up a legal dispute: Untangling copyright and design law
By Divya Vishvapriya
Recently, the Madras High Court was called upon to examine not the pump assembly itself, but rather its photographic representation, highlighting the complex interplay between copyright and design regimes. According to the Court, since the photograph was not reproduced by an industrial process nor exhibited functional utility, it remained a copyrightable artistic work. Therefore, the bar under Section 15 of the Copyright Act, 1957 did not apply, and the copyright registration was thus valid. According to the author, the ruling reinforces that artistic works like photographs, even if representing industrial products, are distinct from designs unless they meet the technical and industrial thresholds under the Designs Act and thus cannot be denied copyright protection merely due to visual overlap.
Ratio decidendi
- Patents – Merging of dependent claim with independent claim complies with Section 59(1) – Delhi High Court
- Patents – Quia timet action against defendants when not permissible – Delhi High Court
- Patents – Method of plant pest control is not mandatorily covered as not patentable under Section 3(h) which prohibits conventional methods – Delhi High Court
- Patents – Court elaborately clarifies scope of exclusion from patentability under Section 3(i) [treatment of human beings], but gives different findings on facts in different disputes – Delhi High Court
- Trademarks – Issuance of notice in rectification petition filed before the suit – No requirement of prima facie finding on plea of invalidity under Section 124 – Delhi High Court
- Trademarks – Dynamic effect of registration – Court has jurisdiction to issue Notice in rectification petition even when issue pending before Larger Bench – Delhi High Court
- Trademarks – Prior use – Use of the mark in a statement made by a third party is also relevant – Use by the proprietor only is not stipulated in Section 2(2)(c)(ii) – Delhi High Court
- WOW! – Division Bench of Delhi HC sets aside Single Bench Order declining to grant injunction against use of WOW! Burger – Delhi High Court
News Nuggets
- Trademarks ‘Nourish’ and ‘TeaNourish’ – Delhi HC upholds stay of registration of ‘TeaNourish’ relying upon triple identity test
- Trademark ‘Croose’ is deceptively similar to the mark ‘Crocs’ used for identical goods
- Commerce Ministry to come out with consultation papers for tweaking IPR laws
- ‘WIPRO’ recognized as a well-known trademark
- Delhi HC’s Hon’ble Justice Prathiba Singh appointed chair of WIPO Advisory Board of Judges
- Tech major sued for use of copyrighted books to train AI