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Examining the Origins of Section 3(d) in India’s Patents Act and Its Connection to EU SPCs

Section 3(d) of The Patents Act 1970 has been the subject of much research interest due to its connection with preventing evergreening in pharmaceutical patents. This section was introduced after the TRIPS agreement, and may have been inspired by a similar provision in the E.U.’s Supplementary Protection Certificates regulation. It requires any patent for a new form of an active ingredient to demonstrate enhanced therapeutic efficacy. Continue Reading Examining the Origins of Section 3(d) in India’s Patents Act and Its…

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Revisiting Supplementary Protection Certificates of the European Union

Supplementary Protection Certificates (SPCs) are a form of additional patent protection for pharmaceuticals and plant protection products, granting up to 5 years of extra market protection beyond the standard 20 year patent period. The E.U has established regulations to ensure uniformity across member countries in the grant of SPCs, and over 20000 SPCs have been granted since 1993. Further study is needed to identify when and where SPCs are necessary to ensure they are used responsibly and do not unreasonably…

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TTK Prestige Prevails in Its Quest For the Use Of “Prestige”

The case involves a dispute over the infringement of TTK Prestige's trademark and passing off of their products by KK & Company Delhi Pvt Ltd. TTK Prestige claimed that the use of the word "Prestige" by the defendants was an infringement of their trademark and causing confusion among customers, leading to loss of business. The Delhi High Court held that the defendant had failed to provide sufficient evidence to prove their claim of being a continuous user of the trademark…

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Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

Recently in a trademark infringement case between Hermès International & Anr. v. Crimzon Fashion Accessories Private Limited, the Delhi High Court ruled that the “H” mark of the French Luxury brand Hermès International is a well-known mark, after ordering a permanent injunction against Crimzon for infringing use of the mark on its website. Continue Reading Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

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Battle over Khan Chacha Trademark

The Battle over “KHAN CHACHA” Trademark

The Delhi High Court, recently granted an ex parte interim injunction to the plaintiff Gupta And Gupta Pvt Ltd, restraining the defendants from using the mark “KHAN CHACHA”. The court observed that in cases involving trademarks or copyrights, an injunction is usually granted regardless of any delay in taking a legal action. This blog is a summary of the case so far. Continue Reading The Battle over “KHAN CHACHA” Trademark

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