Intellectual Property Archives

Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

In Allahabad Law Agency v. Amazon Seller Services Pvt. Ltd. & Ors., the Delhi High Court granted a permanent injunction against online sellers distributing counterfeit copies of Law of Torts by Dr. R.K. Bangia. The Court found copyright and trademark infringement but declined to award damages, granting nominal costs of Rs. 15,000 to the Plaintiff. Continue Reading Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

16 hours ago BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 60Views 0Like

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Knowledge Theft : Property includes Intellectual Property, affirms Supreme court

The Supreme Court of India upheld the Bombay High Court’s interpretation that intellectual property, including research data, qualifies as ‘property’ under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This decision enables victims of caste-based atrocities to claim compensation for loss of intellectual assets. The ruling affirms the protection of knowledge-based assets and expands the legal definition of property under the Act. Continue Reading Knowledge Theft : Property includes Intellectual Property, affirms Supreme court

2 days ago BananaIP Reporter Case Reviews, Intellectual Property 0Comment 129Views 2Likes

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Can you reuse a discarded bottle to refill and sell your own goods or products?

The Madhya Pradesh High Court ruled in favor of Mount Everest Breweries Ltd., prohibiting the reuse of embossed beer bottles. The decision upheld the Excise Commissioner’s order, stating that reusing marked bottles leads to consumer deception and violates intellectual property rights. The appeal overturned the previous order, reinforcing legal protections for trademarks in the beer industry. Continue Reading Can you reuse a discarded bottle to refill and sell your own goods or products?

3 days ago BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 90Views 1Like

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Madras High Court Affirms Rejection of AI-Integrated Persona Patent

The Madras High Court dismissed an appeal challenging the rejection of a patent application for AI-integrated persona augmentation. The Court ruled that the invention lacked sufficient technical detail, inventive step, and patent-eligible subject matter under the Patents Act. It upheld the Controller’s decision, emphasizing the absence of tangible technical effects and clear disclosure requirements. Continue Reading Madras High Court Affirms Rejection of AI-Integrated Persona Patent

4 days ago BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 180Views 0Like

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Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

The Madras High Court ruled that the licensing of the ROYALCHEF trademark does not restrict the licensor’s rights. In a dispute between Quality Chef Agro Foods and ADF Trading, the Court analyzed trademark ownership, assignment, and licensing agreements. It concluded that the plaintiffs, as licensees, had no exclusive right to the mark and could not prevent the licensor from exporting goods under the same brand. Continue Reading Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

5 days ago BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 166Views 1Like

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Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

The Madras High Court ruled in favor of Wunderbar Films in its copyright dispute with Netflix over the unauthorized use of behind-the-scenes footage. Netflix’s applications challenging jurisdiction and seeking rejection of the plaint were dismissed. The Court held that territorial jurisdiction was valid, pre-suit mediation was not mandatory due to urgency, and combining statutory and common law remedies was permissible. Continue Reading Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

February 10, 2025 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property 0Comment 314Views 2Likes

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Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims. Continue Reading Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

February 7, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 178Views 0Like

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The Draft guidelines for AYUSH Patent Applications

The Intellectual Property (IP) Office has issued Draft Guidelines for the processing of patent applications related to AYUSH systems and related inventions. These guidelines aim to streamline the evaluation process of patent applications concerning Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homeopathy. Continue Reading The Draft guidelines for AYUSH Patent Applications

February 5, 2025 BananaIP Reporter Intellectual Property, Patents 0Comment 1038Views 5Likes

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‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

The Delhi High Court ruled on a trademark dispute between ‘Big Dipper’ and ‘Big Deeper,’ setting aside an ex parte injunction. The case centered on the assertion of transborder reputation by importers of the ‘Big Dipper’ mark. The Court relied on precedent to determine that mere global reputation is insufficient to claim trademark protection in India. The matter was remanded for fresh consideration. Continue Reading ‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

February 4, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 228Views 1Like

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Court clarifies distinction between business methods and technical inventions in section 3(k) related case

The Delhi High Court set aside the Indian Patent Office’s rejection of Comviva Technologies Limited’s patent application under Section 3(k) of the Patents Act, 1970. The Court recognized that the invention provided a technical advancement in securing electronic payment transactions. It directed the Patent Office to proceed with granting the patent, subject to any further objections under the law. Continue Reading Court clarifies distinction between business methods and technical inventions in section 3(k) related case

February 3, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 302Views 1Like

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Celebrating 20 Years of IP Excellence

Counterfeit books sold on Amazon, Allahabad Law Agency obtains injunction

Knowledge Theft : Property includes Intellectual Property, affirms Supreme court

Can you reuse a discarded bottle to refill and sell your own goods or products?

Madras High Court Affirms Rejection of AI-Integrated Persona Patent

Trademark Licensing vs. Assignment: Madras HC on ROYALCHEF Dispute

Dhanush v. Nayanthara: Netflix denied an exit pass in copyright violation case

Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)

The Draft guidelines for AYUSH Patent Applications

‘Big Dipper’ trademark infringement case, ruling on transborder reputation and importers’ rights

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