Delhi High Court split on jurisdiction for trademark rectification petitions: firstly stated any High Court, later restricted it to granting IP Office’s jurisdiction. The underlying point is differentiating Trade Marks Act from Patents and Designs Acts and emphasizing convenience for businesses. Continue Reading Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.
Justice Pratibha Singh clarifies the jurisdiction of High Courts over Patent Revocations and Appeals
Over the last two years, the orders of Justice Pratibha Singh have clarified several aspects of patent law and practice, and have made important contributions to transparency and consistency of patent proceedings. On November 10, 2022, Justice Pratibha Singh clarified one ambiguous aspect of patent law with respect to the jurisdiction of High Courts in different proceedings. Read More Continue Reading Justice Pratibha Singh clarifies the jurisdiction of High Courts over Patent Revocations and Appeals
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,…