Intellectual Property

Food is a language that connects everyone worldwide. Cuisines change every few hundred miles, food habits and preferences vary with the climate, and families have their own culinary secrets that get passed on from generation to generation. Everyone has something to share and protect. ......

In the last few years, the Indian government has taken various steps to reform the patent filing process in India and strengthen the Indian IP ecosystem. In the latest series of developments, the Ministry of Commerce and Industry (“MoCI”) published draft Patents (2nd Amendment) Rules, 2024 (“the draft Rules") on January 2, 2024, seeking comments from the public and/or any stakeholders. Public comments to the draft Rules are invited until February 2, 2024. ......

A Division Bench of the Delhi High Court has brought much-required clarity on filing of divisional applications in India, which at least two different single judge benches of the same court had disagreed upon previously. ......

When is a new product considered a mere discovery of something that subsists in nature and thus unpatentable, and when is it altogether new or unfamiliar, and thus, worthy of being granted a patent? This is the question that the Delhi High Court tackled in the recent case of Diamond Star Global SDN BHD v Joint Controller of Patents. ......

From an iconic toy, a mainstay for children around the world for decades, to an economic powerhouse in her own right, Barbie is undoubtedly an iconic pop culture figure. Created by Ruth Handler, the co-founder of Mattel Inc. ("Mattel"), after coming across Bild Lilli, a popular German novelty toy first created in 1952, while on a family vacation in Switzerland in 1956. ......

Over 100 million animals are used in laboratory experiments worldwide every year. These are only estimates; the exact number is unknown and could possibly even be higher. These animals are either killed outright in scientific procedures, or used to assess the safety and efficacy of drugs and cosmetics. ......

Before a new drug, biologic or medical device is approved and authorized for market launch, it has to undergo a long and complex process involving extensive testing and clinical trials to ensure its safety and efficacy. However, for patients who have exhausted all other options, sometimes an unapproved or pre-approved or investigational drug could be the only hope. ......

Apple Inc. ("Apple") is taking on apples everywhere in a truly bizarre trademark battle. Apple has now initiated proceedings in order to secure proprietary rights to the image of apples, the fruit, in Switzerland. Arguably, Apple has now become synonymous with phones, laptops, and with the image of an apple with a bite taken out. ......

Patent marking entails marking a patented product with its relevant patent number. Proper patent marking can help obtain higher monetary damages in a patent infringement lawsuit, as marking means that infringers cannot claim ignorance of liability. However, if there is no marking, damages are likely to be calculated only from the time of actual notice. ......