Delhi High Court Archives

CASE BRIEF: Novo Nordisk AS vs. Union of India & Ors.

Facts (with Timeline): On 4th October, 2013, Novo Nordisk (hereinafter referred to as “Patentee”) was issued patent IN 257402. On 29th September, 2014, which is five days prior to the expiry of one year from the date of grant, Sun Pharmaceuticals Industries (hereinafter referred to as “Opponent) filed a post-grant opposition to the issued patent IN 257402. On 21st August, 2019, the Opposition Board provided its recommendation to the learned Controller. On 25th September, 2019 and 26th September, 2019, the hearing…

July 23, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 1542Views 0Like

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Image accompanying blogpost on "Delhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition Proceedings"

Delhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition Proceedings

In a recent decision, the Delhi High Court gave clarity about how amended claims during opposition proceedings have to be dealt with by the Controller of Patents. In the case, four claim sets were filed by Novartis, the Patent Applicant, from the PCT filing stage, and the opponent in the case, NATCO, filed a pre-grant representation based on a pre-final claim set. Later, the claims were amended by the Patent Applicant, and a final set was submitted along with expert…

July 22, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 1561Views 0Like

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Image accompanying blogpost on Patent Post grant opposition hearings

Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

In a recent decision, the Delhi High Court has reiterated the principles to be followed with respect to patent oppositions, and has once again explained the context, approach, and pace of such proceedings. The Court has reiterated the principles that have to be followed by the Opposition Board, Patent Office, and parties in opposition proceedings based on principles laid down in the Pharmacyclics case. While doing so, the Court emphasized the need to expedite post-grant opposition proceedings, and the need…

July 20, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 2981Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: Hero MotoCorp gets permission to use Hero as the trademark for EV business Hero MotoCorp led by Pawan Munjal gets permission for electric vehicles under the trademark Hero by the arbitration tribunal appointed by the Delhi High Court. The dispute was between two factions of the Munjal family group. Hero electric filed an application for an interim injunction against Hero MotoCorp for using HERO for the electric vehicles. The tribunal refused to grant an…

July 20, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Media and Entertainment Law, Social Media Law, Trademarks 0Comment 1301Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: HT Media Ltd. provided relief from Delhi High Court Delhi High Court has granted ex-parte ad interim injunction in favour of HT Media Limited (the news publication house) which has a registered Trademark - Hindustan Times. The order was passed against the rogue website for using a deceptively similar domain name and abstained the website from using www.hindustantimes.tech and also restrained the website from publishing any articles, columns, reviews that can violate the copyrights…

July 13, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 946Views 0Like

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CASE BRIEF : European Commission vs. Union of India

Facts The Petitioner, the European Union filed two writ petitions seeking two of the orders passed by the Controller General of Patents to be set aside. The orders stated that two patent applications shall be treated as “deemed to be abandoned” under Section 21(1) of the Patent Act, 1970 (“Act”). The Petitioner, initially engaged a European law firm who then engaged a patent agent in India to prosecute their Indian Applications. Later in June, 2017 it engaged another European Firm…

July 13, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 1910Views 0Like

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High Court remands Patent Office’s Legally Infirm and Unreasoned Order

In a recent case decided by the Delhi High Court in Best Agrolife Limited vs. Deputy Controller of Patents and Anr., the Court remanded an order of patent grant by the Patent Office for a fresh consideration because the order was legally infirm and unreasoned, resulting in violation of principles of natural justice. The order was related to a patent application filed by GSP Crop Science, concerning a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The Petitioner in this case, Best…

July 11, 2022 BananaIP Reporter Case Study, Intellectual Property, Patents 0Comment 1884Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: Gujarat High Court issues notice to Microsoft in trademark infringement suit A local information technology company, Azure Knowledge Corporation Pvt. Ltd. had filed an appeal before the High Court against the order of the civil court seeking to restrain the global software giant, Microsoft Corporation from using its trademark “Azure”. The lower court has refused the request on grounds that the plaintiff failed to establish any loss or damage suffered by it. On appeal…

July 1, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Media and Entertainment Law, Trademarks 0Comment 1183Views 0Like

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CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors.

Facts The Plaintiff, Amazon Seller Services Pvt. Ltd., owns, operates and manages the India online marketplace at www.amazon.in on which lakhs of third-party sellers and buyers interact and conduct their transactions. Plaintiff No. 2, owns the trademark ‘AMAZON’ in various classes and copyright on the ‘AMAZON’ logos. Plaintiff No.2 has licensed its copyrights and trademarks to Amazon Seller Services, for the purposes of promotion, publication and merchandising within the territory of India. Amazon Seller Services alleged that the Defendants, Amazonbuys.in and others…

June 1, 2022 BananaIP Reporter Copyrights, Intellectual Property, Trademarks 0Comment 2352Views 0Like

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WEEKLY TRADEMARK UPDATES

This week's trademark updates are as follows: Coke Studio v. Cook Studio : The trademark conundrum The ongoing tussle between one Nikhil Chawla, proprietor , of "The Chawla Group" against 'The Coca Cola Company', has now been referred to mediation by Justice Pratibha M Singh. The Court stated that both the parties are being referred to the Delhi High Court Mediation and Conciliation Centre on 31st May, 2022 . Mr. Rajeev Varma, Senior Counsel has been appointed as the mediator for…

May 30, 2022 BananaIP Reporter Intellectual Property, Media and Entertainment Law, Trademarks 0Comment 1449Views 0Like

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Celebrating 20 Years of IP Excellence

CASE BRIEF: Novo Nordisk AS vs. Union of India & Ors.

Delhi High Court asks the Patent Office to decide on amendments and give adequate opportunity in Opposition Proceedings

Post-Grant Patent Opposition, Evidence and Hearings: Role of Patent Office, Opposition Board, and Parties

Weekly Trademark Updates

CASE BRIEF : European Commission vs. Union of India

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

Weekly Trademark Updates

CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors.

WEEKLY TRADEMARK UPDATES

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