Tag: Calcutta High Court
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. ......
Loss of Profit Must Be Proven, Not Presumed: Delhi High Court Sets Clear Benchmark
In the matter of Union of India v. Ahluwalia Contracts (India) Ltd , the Hon’ble High Court of Delhi ("Court") addressed the evidentiary standards required for claiming loss of profits in arbitral proceedings.
The Registration Bill: Catching Up with the Digital World
On May 27, 2025, the Department of Land Resources, Ministry of Rural Development, Government of India, released the draft Registration Bill, 2025 ("Bill"), which seeks to digitize the registration system in India.
Seed wars: Indian Court protects breeders’ registered Maize variety
How safe is your maize? A recent injunction for infringement of a maize variety in India has given a jolt to the agricultural industry, raising questions about what it takes to protect a plant variety.
Confidentiality vs Accountability: The Karnataka High Court’s Decision in The PhoneP...
Who bears the burden of translating foreign prior art? Unpack the debate on navigating global innovation, following a recent decision of the Calcutta High Court.
Lost in translation? India’s stance on non-English patent prior art
Who bears the burden of translating foreign prior art? Unpack the debate on navigating global innovation, following a recent decision of the Calcutta High Court.
Rewriting the Rules of Digital Lending: RBI Digital Lending Directions, 2025
Digital lending in India has revolutionized the borrowing landscape by leveraging digital platforms like mobile apps and websites to offer quick, convenient and paperless loans.
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.
Let numbers talk: Branding numeric trademarks in India
Is your brand ready for the numeric revolution? The “2929” Delhi High Court decision signals a pivotal shift, proving numbers can be powerful, distinctive trademarks in a rapidly evolving digital landscape. ...
Forfeiture of Advance Money: Supreme Court’s Recent Ruling on Specific Performance
In a recent decision, the Supreme Court of India revisited the issue of when and to what extent can advance money be forfeited in a failed property sale transaction. The issue arose when a suit for specific performance was filed by K.R. Suresh ("Plaintiff"), who, unable to complete a property purchase within the agreed timeframe. ...
Loyalty Programmes: To be, or not to be!
The coming into force of the Digital Personal Data Protection Act, 2023 (“DPDP Act”), with its myriad compliances, has had widespread implications for companies – more so, for B2C companies. In this age of digital advantages, B2C companies have been making the most of the benefits of the digital age that are available to them – whether it is by way of marketing to attract new customers or taking steps to retain existing ones. ...
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