Standard Essential Patent (SEP) regime envisages a candid and transparent negotiation between a willing licensor (Patentee) and willing licensee (implementer). The regime incorporates mutual reciprocal obligations on both the Essential Patent holder and the implementer. It is not a ‘one way street’ where obligations are cast on the Essential Patent holder alone, rather it is…
Two big players in the pharmaceutical industry battle it out before the Delhi High Court. The Plaintiff, Sun Pharma Laboratories Limited (Sun Pharma) relying on its rights in the ISTAMET and formative marks has filed the suit against Glenmark Pharmaceuticals Limited (Glenmark) alleging trademark infringement and passing off and to restrain the latter from using…
“Mr. Daleep Kumar had the privilege of delivering a talk on trademark enforcement and emerging challenges in intellectual property law at NLU, Jodhpur, on September 23, 2023. He found the experience truly delightful and extends his sincere appreciation for the opportunity to share knowledge and insights with the distinguished audience. The students demonstrated exceptional…
Ms. Shabnam Khan delivered a presentation to law students and faculty members of National Law University, Jodhpur on September 23, 2023, as part of a 2-day workshop on Intellectual Property organised by the University in collaboration with RNA and Novartis. The presentation covered the process of trademark filing and prosecution in India. The topic…
Abhishek delivered enlightening session on IP crimes in Cyber Space at National Law University, Jodhpur, on 23-24 September 2023. The thought-provoking questions raised by the attendees were not only wide-ranging but also top-notch. The high energy and enthusiasm in the room made it a lively experience. Abhishek is grateful for the opportunity to engage…
The Google Ads programme is currently the centre of controversy between Google and Indian logistics firm DRS. Cross-appeals were filed by DRS and Google against the order of the Delhi High Court that found Google to be an active participant in running the Google Ads programme. Both appeals were heard together, and the court held…
This is an order passed by the Division Bench (two judge bench DB) of the Madras High Court in an appeal filed by the Appellant, Phonepe Private Limited. Phonepe is a widely used mobile phone application in India for digital payments and financial services. The mark Phonepe is a combination of English word Phone and…
Does using the spouse’s name entitle one to seek protection from a trademark infringement claim? The issue arose before the Madras High Court between two entities dealing in restaurants providing vegetarian cuisine. The Plaintiff, Sangeetha Caterers and Consultants LLP (SCC), filed the suit against the Defendant, New Sangeetha Restaurant (NSR), alleging trademark infringement, passing off…
PepsiCo challenged a PPVFRA order revoking the registration for PepsiCo’s FL2027 variety of potato The court dismissed the appeal, finding that PepsiCo had provided incorrect information as to the date of first sale of its potato variety The date of the first exploitation/sale constitutes important and material information for the application “The onus of providing…
This note briefly discusses the summary judgement passed by the Delhi High Court in a trademark infringement suit and imposing costs on the Defendant who deliberately refrained from taking part in the court proceedings. The Plaintiff, Whitehat Education Technology Private Limited filed the suit against the Defendant, Vinay Kumar Singh to restrain the latter from…
