Intellectual Property Archives | Page 2 of 271

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

February 11, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 271Views 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 423Views 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 243Views 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 1199Views 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 288Views 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 361Views 1Like

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Indian Patent & Design Statistics Report – 2025

BananaIP’s Indian Patent and Design Statistics Report 2024 highlights a 60% increase in patent publications, a 15% drop in grants, and reduced examination rates. Delhi and Chennai emerge as top contributors to filings, showcasing trends in India’s evolving IP landscape. Continue Reading Indian Patent & Design Statistics Report – 2025

January 22, 2025 BananaIP Reporter Intellectual Property 0Comment 1425Views 0Like

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Shoes, footwears and deceptive similarity in Trademark law

The Delhi High Court granted a permanent injunction in favor of New Balance Athletics, Inc., restraining Kiran Shoe Company from infringing its trademarks. The Court awarded ₹7,00,000 in damages and costs, emphasizing that the defendant’s actions were deliberate and aimed at leveraging New Balance’s reputation. Continue Reading Shoes, footwears and deceptive similarity in Trademark law

January 15, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 343Views 1Like

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Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

The Madras High Court allowed Idemia Identity & Security France’s appeal, setting aside a refusal order under Section 3(k) for a cryptography patent. The Court ruled the order as a non-speaking one and in violation of natural justice. It directed fresh consideration of the matter, emphasizing technical contributions and adherence to CRI and European guidelines. Continue Reading Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

January 14, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 458Views 0Like

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Court reiterates importance of protecting consumers from confusion in case of pharma products

The Delhi High Court deliberated a trademark infringement case between Modi MundiPharma and Win Health Pharma. Allegations of deceptively similar trademarks in pharmaceutical products were raised, with the Court emphasizing the risk of consumer confusion. The application to challenge the validity of the defendant’s marks was disposed of, framing key issues on the marks’ invalidity. Continue Reading Court reiterates importance of protecting consumers from confusion in case of pharma products

January 13, 2025 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 334Views 1Like

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Celebrating 20 Years of IP Excellence

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

Indian Patent & Design Statistics Report – 2025

Shoes, footwears and deceptive similarity in Trademark law

Evaluation of Technical Advancement and Compliance with CRI Guidelines under Indian Patent Law

Court reiterates importance of protecting consumers from confusion in case of pharma products

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