First Publication Date: 9th January 2010
The holder of a patent relating to "food-grade laminated paper and a method and apparatus for manufacturing the laminated paper" filed an infringement action against Mariappan and others and sought an interim injunction to restrain infringing activities during the pendency of the suit.
The Court started its analysis by observing that it was a settled position of law for granting an order of ad-interim injunction including the infringement of Designs, Copyrights and Patents that the applicant/plaintiff…
First Publication Date: 8th January 2010
The patent holder, Appellant, of a patent relating to a device for detection of antibodies to HepatIT is C Virus filed an infringement suit against the Respondents and applied for an interim injunction during the pendency of the suit. The Court first observed that it is well settled as held in the decisions in Bishwanath Prasad Radhey Shyam and Standipack Private Ltd. cases that the grant of a patent would not give rise to a…
First Publication Date: 6th January 2010
The Appellant, who is the patent holder of a patent relating to a pattern of a plough having a twist filed an infringement suit against the Respondent alleging that sale of similar ploughs amounts to infringement and applied for interim injunction against the Respondent during the pendency of the proceedings. In response, the Respondent denied the allegation of the Appellant by stating that the plough patented by the Appellant was not infringed because the patent…
First Publication Date: 5th January 2010.
For all the ardent Mr. Chetan Bhagat’s readers, who loved “Five Point Someone-What not to do in IIT” and fans of the movie, “Three Idiots”, the attribution controversy has not been very pleasant.
In a recent press meet, producer Mr. Vidhu Vinod Chopra’s outburst over the question on Mr. Chetan Bhagat’s allegations of not being given proper credit in the film has led to an important question. The question that needs to be analyzed now is…
Date of First Publication: 4th January 2010
Dr. Kalyan needs to be thanked for the timely post (dated 3rd January) on the current controversy over the credits for the movie "3 Idiots". Let me take this opportunity to air a couple of observations/questions on related issues:
1. Can the author, in this instance a fairly well known and popular author Mr. Chetan Bhagat, contract away his "moral rights" specifically, and not through the mode of assignment of copyrights of the work? Nothing…
First Publication Date: 3rd January 2010
A patent was granted to Valasumani Lathe Works (“VLW”) for an invention titled "IMPROVED THRESHING AND SEPARATING MACHINE". The applicant in the case, Manivannan trading as Kumar Industries, filed an application for revocation of the patent before the Appellate Board. The applicant contended that VLW’s invention was not patentable in the light of the applicant’s patent application relating to a machine for threshing of corn, which was abandoned and the machines of the applicant,…
First Publication Date: 24th December 2009
The plaint was filed by Pernod Ricard S.A. France and Ors. alleging that the defendants’ (Rhizome Distilleries P. Ltd. and Ors.) whisky, Imperial Gold, was an imitation of and was structurally, as well as phonetically, similar to the Plaintiffs reputed trademark IMPERIAL BLUE and the registered trademark IMPERIAL RED. Also, the Defendants were said to have imitated the ROYAL STAG whisky label, in both the front and the rear panels. The whisky label was said…
First Publication Date: 21st December 2009
Some aspects to be considered while drafting a Band Agreements are- the nature of properties that may be accumulated by the Band, during its operation; the types of projects that may be undertaken by the Band; the sharing of incomes realized by the Band as a whole; and the conditions of disbandment or for departure of Band members.
A. The Band’s properties
While a Band may come to own several forms of properties over the years, the…
First Publication Date: 21st December 2009
Trade Secret in India is not protected under any specific law but Indian Courts from time to time have recognized that confidential business information, such as customer lists, details of suppliers, pricing policies, product launch time-schedules, management marketing, know-how, designs, drawings, model, specifications, surface data, notes, improvements, technical information and so on may qualify as trade secrets.
The jurisprudence that has developed in relation to trade secrets and confidential information is by way…
First Publication Date: 21st December 2018
Most technology and engineering companies perceive development of a good portfolio of patents as a key function that enables them to differentiate themselves from their competition, and maintain strategic advantage in their business. Companies adopt various patent generation, protection and management strategies to develop a portfolio of patents. Strategies used by companies for generation of IP include, identifying inventions generated within the company, tying up with universities to generate IP, and acquiring third party IP.
Acquiring…