The OpenAI case and what’s at stake for AI and copyright in India
The first legal challenge to generative artificial intelligence models in India surfaced last week when news agency ANI filed a lawsuit against OpenAI in the Delhi High Court alleging copyright infringement.
In this case, a first-of-its-kind in India, New Delhi-based ANI has accused the San Francisco-headquartered...
IP misinformation in India and what to do about it
As India cements its position as one the world’s top innovators, the problem of inaccurate reports relating to IP needs to be addressed, warns Goutam Bhattacharyya of K&S Partners.
In recent years, the significance of intellectual property (IP) laws has evolved in tandem with global innovation, trade and...
Delhi High Court Bars JK Cement from Using Akzo Nobel’s Trademark
In an important decision, the Hon’ble High Court of Delhi has restrained JK Cement Ltd. (‘JK’) from using the trade mark “WEATHER SHIELD” in relation to cement.
Akzo Nobel Coatings International B V (‘Akzo Nobel’), an international conglomerate, owns one of the world’s most popular paint brands, DULUX which it uses...
Delhi High Court’s Progressive Rulings Favor Microsoft in Software Case
In a recent decision by the Delhi High Court, in the case of Microsoft Technology Licensing, LLC v Assistant Controller of Patents and Designs, the Court reaffirmed that the Guidelines for Examination of Computer Related Inventions (CRI), 2017 (CRI Guidelines 2017), which eliminated the novel hardware requirement, must be applied to determine the...
Suppressed Fact Must be Material to allow revisitation of interim injunction
In the case of Novartis AG & Anr. v Natco Pharma Limited, the Delhi High Court dismissed an application by the defendant, Natco Pharma Limited (Natco), an Indian pharmaceutical company, seeking vacation of the interim injunction granted to Novartis AG (Novartis) in 2023 in the ongoing patent infringement suit against...
Delhi High Court Backs Microsoft for Clarity & Global Standards in Patent Cases
In Microsoft Technology Licensing LLC v The Assistant Controller of Patents & Designs, The Patent Office, the Delhi High Court highlighted the necessity for procedural fairness and clarity in the patent examination process to align with principles of natural justice and international patent standards....
Mitigating liability while copyright law catches up with Artificial Intelligence
Discover how Artificial Intelligence (AI) intersects with copyright law as recent court cases and global developments shape the ongoing debate. Gain insights into how different countries, including the UK, India, the US, the EU, and Japan, navigate the authorship of AI-generated works within their copyright frameworks. Explore the fair use argument put forth by AI companies and delve into four...
Court Rules Data Privacy Prevails Over Business Methods in E-Commerce
In a pivotal decision, in the case Priya Randolph v the Deputy Controller of Patents and Designs, the Madras High Court has significantly impacted the criterion of patentable inventions in India, safeguarding a privacy-focused technology amidst e-commerce giants.
Priya Randolph and Rohit Chaturvedi (inventors) sought patent protection for their system that selectively conceals user data,...
Patentability of Synergistic Combinations Yielding New and Improved Results
In a notable ruling in the case, Biomoneta Research Pvt ltd. v Controller General of Patents Designs, the Delhi High Court (Court) resolved an appeal by Biomoneta Research Pvt. Ltd. (Biomoenta) against the Controller General of Patents and Designs’ (Controller) rejection of their 2017 patent application for an ‘Air Decontamination Assembly.’
The case is significant for its...