PREFACE The High Court of Delhi on 16.05.19 has set aside the impugned order delivered by the Controller on 08.11.16 in the case of ‘The Regents of the University of California (hereinafter referred as the petitioner) v. Union of India…
Monsanto Technology LLC, one of the world's leading seed company, was smacked by the decision upheld by the Division bench of Delhi High Court in an appeal that was preferred by them against the order of Delhi High Court single…
Time for Considering Territoriality Principle over Universality Principle Courts are gradually shifting their focus to territorial nature of Trade Marks. The same was also quite evident in the Exide case, that has been discussed in the previous blog (here). However,…
The case Exide India v Exide US brings into effect the perplexing issue of Trade Mark law. The dispute dates back to 1997 when the US-based Company ‘Exide Technologies’ entered the Indian market post Liberalisation, where Indian company ‘Exide Industries’…
The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade…
Pursuant to the Promulgation of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 the Hon’ble the Chief Justice vide orders dated 15.11.2015 has declared the constitution of Commercial Division at Delhi High Court with…
The High Court of Delhi has passed an interim order wherein the Justices have made it clear that the appellant (Glenmark) may use any other process which may be a development of the Glenmark process / Upjohn process so long…
Reportedly, Hon’ble Supreme Court of India on Special Leave Petition filed by Glenmark stayed the Delhi High Court order which passed an injunction against Glenmark for the generic drug Sitagliptin till 28th April 2015. The Delhi high court dated 20th…
Recently, the Delhi high court dated 30th January 2015 set aside an order of the Deputy Controller of Patents and Designs. The impugned order rejected a patent to US drugmaker Gilead for its hepatitis C drug “Sovaldi” on dated 13th…
In the latest update, Novartis has sued Cipla for infringing its patents on “Onbrez” (Indacaterol) after Cipla launched its generic version for Indacaterol in October claiming “urgent unmet need” for the drug in India. Earlier, as we have reported here,…