This case brings about some interesting takeaways on the questions of facts, issues, and jurisdiction in the context of copyright infringement by a company currently undergoing insolvency process. The ruling clarifies that (a) a corporate debtor that is subject of insolvency proceedings, the infringement of intellectual assets by it is to be determined by National…

This post analyses the challenges of protecting engineering or technical drawing that are likely to be transformed into a product. Should it be protected as an “artistic work” under the Copyright Act or as a “design” under the Designs Act? For a commercial enterprise, generally, a drawing follows a prototype before making the final product,…

Sun Pharma Laboratories Limited (Sun Pharma), and BDR Pharmaceuticals have locked horns over the marks LABEBET and LULIBET. Sun Pharma is the registered proprietor of the trademark LABEBET in class 5 since 2009. Sun Pharma brought a trademark infringement and passing off action against BDR Pharmaceuticals International Pvt. Ltd. (BDR Pharma) and its contract manufacturer…

The use of a mark for export trade is sufficient to maintain an action for trademark infringement and passing off The delay coupled with non-disclosure of knowledge of use can affect obtaining an interim injunction which is a discretionary relief. The Plaintiff, Ajanta Pharma Ltd (Ajanta), the registered proprietor of the mark AMADAY filed suit…

The business opportunities emerging from health scare caused by coronavirus pandemic, has resulted in many small and big pharmaceutical companies worldwide filing for trademarks containing the word CORONA. India is not far behind. A search in class 5 shows 25 pending applications for the marks containing the expression CORONA. All of the marks have been…

Monsanto and its Indian subsidiary, Mahyco Monsanto Biotec (India) Pvt Ltd (MBML), are embroiled in several disputes with its licensees and other seed manufacturers over Bt Cotton Technology (Bollgard-I and Bollgard-II). The technology was patented and sub-licensed by MBML in two parts 1) a non-refundable fee to be paid upfront 2) a recurring fee to…

This case has some interesting aspects. First, the simple one, does a registration grant exclusive right to use and restrain the third party from its use. Can the other side in defense argue that the mark in question is descriptive to defeat the claim? The Plaintiff, Bharat Biotech International Limited (Bharat) filed the suit before…

Facts in brief The Plaintiff claims they are running four schools under the name ‘Brilliant Public School’ in the state of Chhattisgarh. By use since 2000, they have acquired fame and reputation over the mark. The mark ‘Brilliant Public School’ is registered in class 41 since 2015. The Plaintiff has objected to the Defendant’s adoption…

The Indian Patent Office has undergone tremendous change in the last five years with digitisation of record and streamlining its procedures. As an example, a new patent application can be filed electronically and all steps during the prosecution can be taken through the patent office portal. Further, India has agreed a Patent Prosecution Highway (PPH)…

The Direct Selling Entities (“DSEs”) Amway, Oriflame and Modicare that have a specific business model are embroiled in dispute with leading e-tailers, Amzon, Snapdeal, Cloudtail alleging the sale of their products on e-commerce platforms are unauthorized and without their consent. The Single Judge found in favour of DSEs and passed a common order in interlocutory…

COVID-19 has created an unprecedented crisis resulting in the Indian government clamping down the movement of people, goods, and services. This has impacted every facet of business and has brought consumers attention to its health and well being. With social distancing becoming ‘new normal,’ the impact of coronavirus on brick-and-mortar stores during the lockdown phase…

The new Telemedicine Practice Guidelines enabling Registered Medical Practitioners (RMPs) to provide healthcare remotely as per Telemedicine guideline were released by NITI Aayog on 25 March 2020. The guideline aims to address challenges faced in providing health care and access to doctors on account of large geographical distances and limited resources in India. As per…