Tag: Judgement

Compendium on Landmark Cases- Trademark

The Indian Trade Mark Jurisprudence has continued its rapid development, chalking out many important milestones. With an increase in the number of litigations, the India judiciary as made immense contribution to the trade mark ecosystem by way of many notable judgements and diversity of trade mark cases. This Compendium is an attempt to highlight the … Continue reading Compendium on Landmark Cases- Trademark

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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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M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)

Facts The petition was filed by M/s Sunwhite Infrastructure Pvt Ltd (hereinafter referred to as “the petitioners”) against Kindle Developers Pvt Ltd (hereinafter referred to as “the respondents”) Sec 241[1] and Sec 242[2] of the Companies Act, 2013 alleging acts of mismanagement and oppression prejudicial to the interests of the company as well as the … Continue reading M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)

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A Reminder for Online Retailers

Here’s one case that involves an online retailing businesses that is having a link with Trade mark Law – Jadebay Ltd and others v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC). However, overlooking the customary practice of online retailing methods, the Intellectual Property Enterprise Court followed the theoretical root of the Trade … Continue reading A Reminder for Online Retailers

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Power to review decisions or setting aside orders of the Controller [Indian Patents Act, 1970 Section 77 (f), (g)]

The Indian Patents Act, 1970, Section 77 gives the Controller of Patents the powers of a Civil Court to deal with a suit under the Code of Civil Procedure, 1908 for matters stated in Section 77 (1) Clause f and g of the Indian Patents Act, 1970 which reads as follows – “Section 77. Controller … Continue reading Power to review decisions or setting aside orders of the Controller [Indian Patents Act, 1970 Section 77 (f), (g)]

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Roche v Cipla: Part 1: Validity of Patent

In continuation of our previous post here, and following the availability of the 275-page judgment, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. 64); … Continue reading Roche v Cipla: Part 1: Validity of Patent

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Cipla won the landmark Roche v Cipla Litigation

Indian Generic manufacturer Cipla has won the landmark Roche v. Cipla Patent Infringement case in the Delhi High Court over Cipla’s Generic version of Anti-cancer Drug Erlotinib. The case is the first Patent Litigation in India post India’s 2005 Product Patent Regime which included public interest and pricing issues in addition to India’s Section 3d … Continue reading Cipla won the landmark Roche v Cipla Litigation

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