IPR Amicus

IPR Amicus covers the developments in the laws relating to intellectual property rights, covering Patents, Trademarks, Copyrights, Designs, Plant Varity Protection and Geographical Indications. This newsletter includes authored 'Article(s)' on relevant topics of current interest, 'Statute Update' on different legislative changes, ‘Ratio decidendi’ covering selected decisions of High Courts, Supreme Court of India and various other foreign courts, and ‘News Nuggets’ highlighting other important developments in this area of law.

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Intellectual Property All Industries
IPR Amicus: November 2020
Elaborately discussing various IPAB Orders, including the 2011 decision in the case of LG Electronics and the very recent decision in the case of Esco Corporation, the article in this issue of IPR Amicus examines several issues involving divisional applications.
Read More 28 Dec 2020
Intellectual Property All Industries
IPR Amicus: October 2020
The article in this issue of IPR Amicus elaborately discusses a recent decision of the Intellectual Property Appellate Board (‘IPAB’) wherein the IPAB allowed the appeal challenging the revocation of Indian Patent No. 262968 by the Joint Controller following post-grant opposition proceedings.
Read More 24 Dec 2020
Intellectual Property All Industries
IPR Amicus: December 2020
The article in this issue of IPR Amicus discusses elaborately, the recent decision of the Intellectual Property Appellate Board reaffirming the importance of the principles of natural justice in judicial and/or quasi-judicial decisions, whilst also clarifying aspects of patent law with respect to cited prior art documents and description of the invention.
Read More 01 Dec 2020
Intellectual Property All Industries
IPR Amicus: September 2020
The article in this issue of IPR Amicus discusses at length the recent decision of the Intellectual Property Appellate Board (‘IPAB’) in the case of Stempeutics Research Pvt. Ltd. v.
Read More 03 Nov 2020
Intellectual Property All Industries
IPR Amicus: August 2020
The Delhi High Court recently granted an ad-interim injunction to the plaintiff and restrained the defendants, from using the mark “DMW” or any other mark which is identical or deceptively similar to the plaintiff’s “BMW” trademarks.
Read More 03 Nov 2020
Intellectual Property All Industries
IPR Amicus: July 2020
Since February 2020, the Covid-19 (also known as Coronavirus) pandemic has been a major talking point and consequently many pandemic referenced words are being used as trademarks and are being filed for registration at Trademark Registries worldwide.
Read More 22 Sept 2020
Intellectual Property All Industries
IPR Amicus: June 2020
Article in June 2020 issue of IPR Amicus discusses elaborately the recent decision of the Delhi High Court in the case of Monsanto Holdings Pvt. Ltd. and Ors. v. Competition Commission of India and Ors.
Read More 22 Sept 2020
Intellectual Property All Industries
IPR Amicus: May 2020
The article in this issue of IPR Amicus elaborately discusses a recent decision of the Bombay High Court which, while dealing with the issue of disparagement by a video blogger, laid down the principles by which any such video or any statement can be considered to be defamatory.
Read More 18 Sept 2020
Intellectual Property All Industries
IPR Amicus: April 2020
A Single Judge of the Delhi High Court recently examined whether trade secret protection can be granted to know-how with respect to a particular invention that has been patented outside India. The Court held that the Defendants cannot be said to be committing passing off with respect to the know-how of the Plaintiff no.1 passed to the Defendants since know-how/trade secret/confidential information is not a ‘property’ and no relief in rem can be claimed with respect to it.
Read More 18 Sept 2020
Intellectual Property All Industries
IPR Amicus: March 2020
The Delhi High Court recently held that once a person has contributed to any cinematographic film in any manner, then as per the moral rights, he/ she has right to paternity. The Single Judge upheld an order of the Trial Court granting mandatory interim injunction in favour of the Plaintiff.
Read More 27 May 2020
Intellectual Property All Industries
IPR Amicus: February 2020
Two co-ordinate Single Judge Benches of the Delhi High Court have recently arrived at opposing conclusions as to whether to grant interim injunction or not in favour of the Plaintiffs/Patentee in a batch of patent infringement suits in relation to a pharmaceutical composition. Analysing the two decisions threadbare, the author states that the question as to what constitutes “Coverage” and “Disclosure” in the context of genus and species patent is still uncertain, and that the determination of th
Read More 05 May 2020
Intellectual Property All Industries
IPR Amicus: January 2020
The article in this 100th issue of IPR Amicus elaborately discusses a recent decision of the Delhi High Court on patentability of computer related inventions (CRIs). The High Court has reiterated the principle that if the invention demonstrates a “technical effect” or a “technical contribution”, it is patentable even though it is based on a computer program. The Court pointed out that the effect which the computer program produces is crucial in determining patentability.
Read More 17 Apr 2020