Tag: Calcutta High Court
October 14, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Pharmacyclics Continues the Divisional Applications Deb...
In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications....
August 7, 2025
Intellectual Property | Design
Intellectual Property | Design
Of informed users and dissected designs: The Delhi High...
What is the standard that decides whether a design is novel or not? The Delhi High Court clarifies that instructed eye or informed user test remains the primary standard in Indian design law....
May 27, 2025
Intellectual Property | Patent
Intellectual Property | Patent
India’s 20-Year Patent Term: Is Section 53 invincible?
The lifespan of your patent just got clearer. Understand what the Calcutta High Court's ruling on Section 53 means for your innovation....
May 13, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Testing the limits of the public health exception for p...
The Calcutta High Court, in a recent decision involving ITC, tested the extent to which the public health exception contained in Section 3(b) of the Patents Act, 1970, can be used to reject an application for a patent. ......
April 23, 2025
Intellectual Property | Patent
Intellectual Property | Patent
It’s not always patently obvious, Calcutta High Court w...
The Calcutta High Court in a recent case clarified important aspects pertaining to inventive step assessment and the admissibility of post-filing data. ......
March 13, 2025
Intellectual Property | Design
Intellectual Property | Design
Design Registration for GUIs
The registrability of graphical user interfaces (GUIs) has had a chequered past in India. This post discusses latest developments in this matter, including the fallout of a 2023 Calcutta High Court asking the Designs Office to reconsider an order rejecting the application for registering a GUI design. ......
January 27, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Are plant treatments to be treated as agriculture?: Ind...
The question of whether an invention for a method of treatment of plants is also a method of agriculture or horticulture, and therefore, excluded from patentability, has been laid to rest by multiple decisions of Indian high courts. This note discusses three recent cases from the Delhi and Calcutta High Courts, which discuss the applicability of Sections 3(h) and 3(i), and will significantly impact patent applications in this space. ...
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April 10, 2024
Corporate Law | General Corporate Advisory
Corporate Law | General Corporate Advisory
Challenging Legal Norms: Analysis of the EIMPA Judgment...
The legal landscape surrounding corporate disputes in India underwent a significant transformation with the enactment of the Companies Act, 2013 ("Act"). Section 430 of the Act delineates the exclusive jurisdiction of the National Company Law Tribunal ("NCLT") and the National Company Law Appellate Tribunal ("NCLAT"), prohibiting civil courts from adjudicating matters falling within the purview of these tribunals. ......
Representations, Warranties and Covenants: What are the consequences of breach?
Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.
Pharmacyclics Continues the Divisional Applications Debate in India
In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.
An Analysis of the Reserve Bank of India’s Master Direction on Regulation of Payment...
On September 15, 2025, the Reserve Bank of India ("RBI") issued the Master Direction on Regulation of Payment Aggregators, 2025 ("Master Direction"), a framework governing both bank and non-bank entities engaged in the business of payment aggregation ("Payment Aggregators" or "PA").
Removal of fetters on the Arbitration process: Arbitration is not foreclosed due to pendin...
The Arbitration and Conciliation Act, 1996 was enacted to facilitate expeditious and affordable resolution of disputes pertaining to in-personam rights arising out of contractual disputes between private parties.
Timing it Right: Delhi High Court on Pre-Grant Oppositions in India
What happens when a pre-grant opposition is filed after the Controller signs a patent application to grant? This knotty question was answered by the Delhi High Court in a recent case.
Navigating Share Transfer Restrictions in Shareholders’ Agreements Part 2
In our previous Article, we explored the foundational aspects of share transfer restrictions in shareholder agreements ("SHAs"), with a focus on concepts such as tag-along rights, drag-along rights, permitted and automatic transfers, amongst others and the interplay with the Companies Act, 2013 (the "Act").
Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...
The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").
When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...
An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.
Navigating Share Transfer Restrictions in Shareholders’ Agreements
Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.
The Infringer’s Burden in Process Patent Suits in India
Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.
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