Balancing public health and IP rights: compulsory licensing & evergreening
In their latest International Bar Association publication, Durgesh Mukharya, Ramya Rao, and Amrish Tiwari explore the complex dynamics of innovation and evergreening in the pharmaceutical industry.
In the pharmaceutical world, innovation drives progress and better healthcare. However, accusations of...
Navigating trade secret protection in R&D collaborations
Partners Dr Kavita Arora and Dr Deepa K Tiku, in their latest International Bar Association publication, delve into the nuanced requirements and challenges associated with protecting trade secrets and confidential information in R&D collaborations.
With increasing technological advancements and interconnectivity,...
India ranks fifth in the Global Generative AI Landscape
India ranks fifth globally in terms of the number of Generative AI (Gen AI) patents published between 2014 and 2023 as highlighted in World Intellectual Property Organization’s (WIPO) recent report.
The report, Patent Landscape Report on Generative Artificial Intelligence, states that between 2014 and 2023, India filed...
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 as a...
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.
Appellant,...
Google penalized by Delhi High Court for misrepresenting disclosures
In a notable judgment in early April, the IP Division of Delhi High Court dismissed Google LLC’s (Google) appeal against the rejection of its patent application by the Assistant Controller of Patents and Designs (Controller), and imposed a fine of Rs 1 lakh (~USD 1,200) on the tech giant for presenting incorrect information and failing to disclose...
Asserting Patent Infringement with the help of Doctrine of Equivalence
The overarching issue in SNPC Machines Private Limited & Ors. v. Mr. Vishal Choudhary revolves around the application of the doctrine of equivalents to determine patent infringement, focusing on whether functional similarities between two competing brick-making machines constitute a violation of patent rights, despite differences in their physical...
New Indian Patents (Amendment) Rules 2024: What You Need to Know
Significant changes to benefit patent applicants and owners
The Indian Patent (Amendment) Rules, 2024 (Rules) have been notified and made effective by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India on March 15, 2024, with an intent...