FACTS OF THE CASE
In this case, Cipla Limited, the Respondent/Plaintiff, filed a suit for permanent injunction before the Madras High Court. The suit was against Sun Pharmaceuticals Industries Limited, the Applicant/Defendant, as it infringed the Respondent/Plaintiff’s copyright and registered trademarks as follows:
The Applicant/Defendant imitated and substantially reproduced the artistic packaging, trade dress and labels of the Respondent/Plaintiff’s ‘BUDECORT RESPULES’ and ‘DUOLIN RESPULES’ which amounted to infringement of their copyright in artistic works. These were Budeonide Nebuliser Suspension BP,…
Sun Pharmaceutical Industries Limited vs Cipla Limited
In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…
This running post provides a summary of the latest Indian Copyright cases in 2021, decided by various Courts and tribunals in the country.
1. Mr. John Hart Jr. & Anr. vs. Mr. Mukul Deora & Ors, High Court of Delhi, CS (Comm) 38/2021
In this case, Plaintiff No. 1 claims to be vested with the exclusive copyright to make a movie adaptation of the book “The White Tiger” authored by Mr. Aravind Adiga by virtue of a Literary Option/Purchase Agreement dated…
This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 2nd of July 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.
INDIAN PATENT STATISTICS
A total of 948 patent applications have been published in the 27th issue of the Patent Journal, 2021. Out of the 948 applications published in the journal, 180 applications…
Miley Cyrus secures rights over her name, PepsiCo faces a trademark lawsuit over its new ‘Mountain Dew Rise’ beverage, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel
INDIAN TRADEMARK UPDATES
Delhi High Court Holds ‘Goodyear’ as Prima Facie Well-Known Mark
The Delhi High Court, in a recent decision, held that the mark ‘Goodyear’, which has been used by Goodyear Tire and Rubber Company (Goodyear Co.) in India since the year 1920 in relation to tyres and…
In this week’s patent news: After Natco, Bajaj Healthcare files compulsory license application against Eli Lilly for Baricitinib; EPO Enlarged Board of Appeal issues Decision G4/19 – Applications can be refused for ‘double patenting'; IP5 meet virtually to improve application and examination procedures for AI patents; EPO launches ‘EPO Data Hub’ mobile app and Joint Release by WHO, WTO and WIPO
Indian Patent News
After Natco, Bajaj Healthcare files compulsory license application against Eli Lilly for Baricitinib
Drug manufacturer, Bajaj Healthcare…
This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 25th of June 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.
INDIAN PATENT STATISTICS
A total of 1,024 patent applications have been published in the 26th issue of the Patent Journal, 2021. Out of the 1,024 applications published in the journal, 203 applications account…
INTRODUCTION
On 23rd July, 2020 the Central Government had notified the Consumer Protection (E-Commerce) Rules, 2020. The Department of Consumer Affairs on 21st June, 2021 published the proposed amendments to Consumer Protection (E-Commerce) Rules, 2020 and has sought views/ comments/ suggestions to be sent within 15 days, ie., by 6th July, 2021 by email to js-ca@nic.in.
In summary the amendments proposed are as follows:
Registration of entities with DPIIT shall be mandatory
Chief Compliance Officer, Nodal Contact Person and Grievance…
This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country.
Sony Corporation vs. K. Selvamurthy
In this case, Sony Corporation filed a trademark infringement suit claiming dilution of its well-known SONY trademark against a sole proprietor running a tours and travels business under the name, Sony Tours and Travels. After analyzing the facts before it, the District Court came to the conclusion that the defendant did not take…
This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 18th of June 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.
INDIAN PATENT STATISTICS
A total of 667 patent applications have been published in the 25th issue of the Patent Journal, 2021. Out of the 667 applications published in the journal, 162 applications account…