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: December 2022
The article in this issue of IPR Amicus discusses elaborately the evolving jurisprudence of Divisional Applications in India. The article notes that in India, a divisional application under Section 16 of the Patents Act, 1970 may be pursued...
Read More 01 Dec 2022
Intellectual Property All Industries
IPR Amicus: September 2022
A literal assessment of claims against the alleged infringement may at times allow an infringer to find an easy workaround. To avoid such a travesty from befalling the patentee, the Courts have devised tools where even if the literal language of the patent claim is not infringed, the rights of the inventor may be safeguarded.
Read More 09 Nov 2022
Intellectual Property All Industries
IPR Amicus: August 2022
Territorial protection of trademarks often results in ‘squatting of trademarks’ in countries where the trademark does not have any presence or is not commonly known to the general public.
Read More 09 Nov 2022
Intellectual Property All Industries
IPR Amicus: July 2022
The first article in this issue of IPR Amicus analyses the dilemma relating to single colour trademarks in India. It observes that a literal interpretation of the statutory provisions leads to a straightforward conclusion that a single colour cannot be applied as a trademark.
Read More 07 Nov 2022
Intellectual Property All Industries
IPR Amicus: June 2022
The article in this issue of IPR Amicus deals with a noteworthy decision of the Indian Patents Office on the pre-grant opposition under Section 25(1) of the Patents Act, 1970.
Read More 04 Nov 2022
Intellectual Property All Industries
IPR Amicus: November 2022
The article in this issue of IPR Amicus discusses the prescribed timelines set under the Patents Act, 1970 and the Patent Rules, 2003, and throws insights on the flexibility of timelines set forth under different orders.
Read More 01 Nov 2022
Intellectual Property All Industries
IPR Amicus: October 2022
The article in this issue of LKS IPR Amicus discusses a peculiar situation where a trademark of one proprietor is found to be infringed by another, by use of recycled bottles or containers of that proprietor for sale of goods or products by the latter in those recycled containers.
Read More 01 Oct 2022
Intellectual Property All Industries
IPR Amicus: May 2022
The article in this issue of IPR Amicus analyses a recent decision of the Delhi High Court wherein the Court determined as to whether the Domain Name Registrars (Defendants) can be categorised as alleged infringers, by virtue of them offering, for registration, domain names that were similar to the Plaintiff’s registered trademarks.
Read More 28 Jun 2022
Intellectual Property All Industries
IPR Amicus: April 2022
The first article in this issue of IPR Amicus discusses a recent Delhi High Court decision reiterating the principle encapsulated in Section 124 of the Trade Marks Act, 1999 while also clarifying the scope of Section 124(5).
Read More 01 Jun 2022
Intellectual Property All Industries
IPR Amicus: March 2022
The article discusses elaborately the recent decision of the Delhi High Court where the Court applied the concept of Doctrine of Equivalence to arrive at the finding of a prima facie case of infringement and also dismissed the exemption of parallel import under Section 107A(b) of the Patents Act, 1970 (‘Act’). Relying on the experts’ report, the Court narrowed...
Read More 05 May 2022
Intellectual Property All Industries
IPR Amicus: February 2022
Indian Courts have number of times recognized that rights of the prior user in relation to the goods/services are superior to the rights of the registered proprietor in relation to the identical/similar goods/services. The article in this issue of IPR Amicus analyses Section 34 of the Trade Marks Act, 1999 which keeps on a higher ground the rights of a prior user of the mark than that of the registered proprietor of a trademark who is granted registration later.
Read More 09 Apr 2022
Intellectual Property All Industries
IPR Amicus: January 2022
The article in this issue of IPR Amicus elaborately discusses a recent Delhi High Court decision wherein the Court has emphasised that the literal rule of interpretation should be applied while interpreting patent claims.
Read More 03 Mar 2022