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Tag: Delhi High Court

October 22, 2025

The power of transition phrases in Indian patent drafti...

Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco...
October 14, 2025
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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....
October 7, 2025
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Timing it Right: Delhi High Court on Pre-Grant Oppositi...

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....
September 10, 2025
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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....
August 20, 2025
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A Stitch in Time: Quia Timet and Trademarks in India

Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies....
August 7, 2025
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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....
Unambiguous Contract:
July 2, 2025
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Unambiguous Contract: Not a Playground for Internal Aid...

In a recent judgement that reinforces the sanctity of a contract, the Division Bench ("DB") of the Delhi High Court ("DHC") in Oil and Natural Gas Corporation v. JSIW Infrastructure Private Limited has re-affirmed the foundational principle of contractual interpretation, ...
June 18, 2025
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Loss of Profit Must Be Proven, Not Presumed: Delhi High...

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....
Let numbers talk
May 22, 2025
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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. ......

Drafting deepfake defences: comments on India’s proposed amendments to the IT Rules

On October 22, 2025, the Ministry of Electronics and Information Technology ("MeitY") proposed significant amendments ("Proposed Amendments") to the Information...

Formulation fight: Amgen case tests patentability of biopharmaceuticals in India

In a high-stakes case, the Madras High Court examines whether Amgen's specific formulation is non-obvious and patentable, and whether the prior art guides...

Implementation of India’s Four Labour Codes: Key Changes and the Road Ahead

On November 21, 2025, the Ministry of Labour and Employment issued notifications operationalizing substantial portions of India's four labour codes...

The Digital Personal Data Protection Rules, 2025: A New Digital Frontier

The Ministry of Information and Technology (“MeitY”) on Thursday, November 13, 2025 notified the Digital Personal Data Protection Rules, 2025 (the “DPDP Rules”), framed under the Digital Personal Data Protection Act, 2023 (the “DPDP Act”).

Indemnity and Limitation of Liability Clauses: Strategic Risk Allocation in Commercial Con...

In the world of commercial contracts, astute risk management is paramount. Among the arsenal of legal tools and safeguards available to parties, the indemnity and limitation...

RBI Opens the Doors to Bank-Funded M&A’s: Boosting Domestic Acquisition Financi...

Recently, the Reserve Bank of India ("RBI") Governor, Mr. Sanjay Malhotra underscored the importance of enabling Indian banks to finance acquisitions by domestic corporates...

Government Sahyog in Tightening Takedowns

In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Intermediary Rules") were notified in furtherance of the Central Government's power to make rules...

Data Clean Rooms: The Future of Privacy-Compliant Data Collaboration

As organisations grapple with increasingly stringent privacy and data protection laws, the concept of the Data Clean Room (“DCR“) has emerged as a transformative solution that enables collaboration without compromising compliance.

The power of transition phrases in Indian patent drafting: the ‘Frimline’ Ruli...

Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco

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.