High Court Affirms Scotch Whisky Association’s GI Infringement Lawsuit Right
The Scotch Whisky Association (SWA), a company incorporated in the UK won an appeal (Scotch Whisky Association v J.K. Enterprises & Ors) before an Appellate Bench of the High Court of Madhya Pradesh in Indore.
The appeal arose from an order passed by the Commercial Court in District Indore. The Commercial Court held that SWA’s suit for infringement of its geographical indication (GI)...
Court Rules on Determining Diagnostic Criteria in Patent Applications
The Madras High Court, this year, ruled on the much-awaited cases pertaining to interpretation of the scope of patentability of diagnostic methods patentability under the Indian Patents Act, 1970 (Act). Section 3(i) of the Act prohibits the patenting of diagnostic methods aimed at treating diseases in humans or animals to make them disease-free.
The two cases were appeals filed against...
Court Clarifies Patent Eligibility Criteria for Biochemical Inventions
In a landmark judgment, the Madras High Court brought significant clarity to the nuances of patent eligibility under the Indian Patent Act, 1970, (the Act) particularly concerning biochemical inventions.
In the case, Novozymes v Assistant Controller of Patents and Designs revolved around patentability of phytase variants with enhanced thermostability.
The Assistant Controller of Patents and...
Disobeying interim injunction seen as Contempt of Court
In the case, Pfizer Inc & Ors. v Triveni Interchem Private Limited & Ors, the Delhi High Court (Court) came down heavily on Triveni Interchem Private Limited and Triveni Chemicals (together referred as Triveni) after Triveni was found guilty of “wilful” and “contumacious” contempt of the Court for disobeying an interim injunction against Pfizer Inc (Pfizer)....
Court Rules on SEP Infringement and Licensing Dynamics
In the landmark case of Nokia Technologies OY v Guangdong OPPO Mobile Telecommunications Ltd. & Ors., the Supreme Court of India addressed a crucial issue concerning the alleged infringement of Standard Essential Patents (SEPs) post the expiry of a licensing agreement.
This case was significant in the realm of intellectual property rights, particularly in the context of adhering to and...
Court Overturns Patent Refusal Due to Inadequate Obviousness Evaluation
In Kuraray Co. Ltd. and Mebiol Inc. v The Assistant Controller of Patents & Designs, The Patent Office, the Madras High Court ruled in September that the Assistant Controller of Patents & Designs’ (Controller) refusal order lacked merit due to insufficient reasoning.
Kuraray Co. Ltd. and Mebiol Inc. (appellants), filed a patent application for an invention titled, “film for...
Maximizing Innovation and Protection in India’s Med-Tech Sector
India’s medical technology (med-tech) device sector, crucial to its healthcare system, offers a wide range of products such as catheters, needles, syringes, cardiac stents and orthopaedic implants.
Valued over 900,000,000,000 Indian rupees (approximately £8,532,661,146) in 2022, it is projected to grow at a CAGR of 16.4%, reaching $50 billion by 2030. This positions India as...
Design Protection can be a Game-Changer for India’s Med-Tech Boom
Synergy between design innovation and legal protection will be instrumental in shaping a healthier future
India’s medical technology (med-tech) device sector, crucial to its healthcare system, offers a wide range of products like catheters, needles, syringes, cardiac stents, and orthopaedic implants. Valued over Rs 90,000 crore ($11 billion) in 2022, it is projected to grow at a CAGR of...
Overall impression of product design key for establishing design piracy
In December, the Delhi High Court made a significant ruling regarding design piracy, in the Havells India Limited v Polycab India Limited case.
Advancing towards Net-Zero Emissions through Strategies in the Net Zero Pathway
Havells India Limited (Havells) filed a suit seeking a permanent injunction against Polycab India Limited (Polycab) for infringing their three registered fan model...
India gov’t publishes Draft GI of Goods Amendment Rules, 2023
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