Category: Legal Issues

Case Summary of “Ajanta Pharma Ltd. v Theon Pharmaceuticals Ltd.”

This article summarises the judgment of High Court of Bombay dated 5th May 2017 in the case “Ajanta Pharma Ltd. v Theon Pharmaceuticals Ltd.”. FACTS: The case has been filed before the Bombay High Court by Ajanta Pharma Ltd. (hereinafter “Plaintiff”) seeking interim relief in a pharmaceutical trade mark and passing off action against Theon … Continue reading Case Summary of “Ajanta Pharma Ltd. v Theon Pharmaceuticals Ltd.”

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Glenmark Pharmaceuticals Vs. Galpha Laboratories COMIP (L) NO. 1063 OF 2018

(Bombay High Court Decrees Against The Infringer For A Whopping Amount Of 1.5 Crs To Be Paid To Kerela Relief Fund) Glenmark Pharmaceutical, which has been always vigilant of their products and IP rights was successful in instituting an IP infringement suit against Galpha Laboratories, which resulted in a distinct judgment and a whooping amount … Continue reading Glenmark Pharmaceuticals Vs. Galpha Laboratories COMIP (L) NO. 1063 OF 2018

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Case Analysis: Alice Corp. V. Cls Bank (134 S. Ct. 2347 (2014))

Introduction The Patent Statute of the US defines patentable subject matter as ‘any new and useful process, machine, manufacture, or composition of matter’ and any improvements.[1] But patent cannot be granted for laws of nature, natural phenomena or abstract ideas. In most of the countries, software cannot be patented unless it forms an element within … Continue reading Case Analysis: Alice Corp. V. Cls Bank (134 S. Ct. 2347 (2014))

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India’s First Judgement on Standard Essential Patents

Introduction Our lives, nowadays, seem to revolve around devices; technological devices like computers, cell phones, more importantly smartphones using 3G/4G networks, and even the earphones and headphones and other music players through which we listen to music. For the proper functioning of the devices, they have to comply with certain standard. These standards may include … Continue reading India’s First Judgement on Standard Essential Patents

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Case summary of “Cabell v. Zorro Productions, Inc.”

BRIEF INSIGHT INTO THE DISPUTE: Introduction: This case is a result of copyright infringement of a musical based on the story of Zorro.The character of Zorro originally was developed by Johnst McCulley which was further adapted in stories. All of the stories are part of public domain. Cabell (hereinafter “the plaintiff”) made a musical based … Continue reading Case summary of “Cabell v. Zorro Productions, Inc.”

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Too General To Be Trademark-Able: A “Cocky” Debate

There have been plethora of cases in India and abroad that discuss the menace caused due to monopolization of general English terms in course of business. The argument given by the proprietors is that to get a trademark over a name, it is important that the name is arbitrary and it does not describe the … Continue reading Too General To Be Trademark-Able: A “Cocky” Debate

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IP as Security (Canara Bank v NG Subbaraya Setty)

The cause of action for this case arose in 2003 on the assignment of the trademark ‘EENADU” by the defendant, NG Subbaraya Setty, in favor of the Petitioners, Canara Bank. This lead to two separate lawsuits: one by the borrower over cancellation of the assignment and another to recover the sum of money paid as … Continue reading IP as Security (Canara Bank v NG Subbaraya Setty)

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Samsung Acquires Hera Wi-Fi Patents Through (Patent Troll?) Sisvel

Sisvel UK Limited (“Sisvel”) arranged and finalized a Wi-Fi patent license agreement between Samsung Electronics Co. Ltd. (“Samsung”) and Hera Wireless S.A. (“Hera”), on June 7, 2018. Hera is the wholly owned subsidiary of Sisvel International S.A., the holding company of the Sisvel Group. The Sisvel Group has companies in major countries across the world … Continue reading Samsung Acquires Hera Wi-Fi Patents Through (Patent Troll?) Sisvel

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Case Summary Of “Coca Cola Company V Glacier Water Industries Ltd.”

This article summarises the judgment of High Court of New Delhi dated 28thFebruary 2018 in the case “Coca Cola Company v Glacier Water Industries Ltd.”. Brief Insight Into The Dispute: Introduction: This case pertains to the infringement, passing off and unfair competition of registered trademark ‘KINLEY’. Coca Cola Company (hereinafter “the plaintiff”) is the registered … Continue reading Case Summary Of “Coca Cola Company V Glacier Water Industries Ltd.”

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Business Method Patents: Non-Patentable Only In Books?

The legal situation of granting business method patent depends from place to place. The reason being that Trade-Related Aspects of Intellectual Property (TRIPS) did not expressly address the said patent issue. Thus, countries grant (or do not grant) looking upon its local conditions and national policies. That said, India is one of the country that … Continue reading Business Method Patents: Non-Patentable Only In Books?

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