Standard Essential Patents and FRAND Licensing in India: Navigating the Intersection of Patent Law and Competition Policy
Introduction The smartphone which is used today is the result of thousands of technologies which are patented and which work in a coordinated fashion. When a device goes online to a 4G network, a video stream or a voice call is sent, it uses technical standards agreed upon protocols that make all devices and manufacturers […]
OpenAI vs ANI: A Data Protection Perspective
In August 2023, India enacted the Digital Data Protection Act, 2023, dedicated to protecting privacy and personal data of citizens. It signifies that the country is preparing for a future where technology plays a major role in all aspects of life. Though the Act introduces various obligations on companies and individuals that process this data, […]
Enzalutamide Case: The Regents Of The University Of California V. Union Of India And Others (2019)
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 & Others’ (hereinafter referred as the respondent), further remanding the controller to decide the […]
Monsanto Technology LLC And Ors Vs. Nuziveedu Seeds Ltd. And Ors
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 bench. The dispute initially arose over license and royalty of Patented seed technology–BOLLGARD II, between […]
Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.
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, no conclusion was drawn in the case due to ‘out of court settlement’. But, the […]
Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.
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, no conclusion was drawn in the case due to ‘out of court settlement’. But, the […]
Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.
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’ was already present over the decades in the local market selling automobile batteries under the […]
SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION
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 Marks Act, 1999 we see that the trade dresses are also protected. To define it, […]
SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION
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 Marks Act, 1999 we see that the trade dresses are also protected. To define it, […]
News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”
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, Cipla approached Govt. of India to exercise its statutory powers to revoke the five patents […]