Tag: Delhi High Court

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ......

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ......

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. ... ...

The Delhi High Court restrained Wipro from using the mark ‘EVECARE’ for women’s hygiene products after Himalaya filed a passing off action. The case discusses questions around the elements of passing off involving allied/cognate goods, and the relevance of the NICE system of classification of trademarks in such actions. ......

The Delhi High Court ("Court") recently set aside an arbitration award that granted damages without proof of loss or injury, on the ground of patent illegality under Section 34 of the Arbitration and Conciliation Act, 1999 ("Arbitration Act") in Indian Oil Corporation Limited vs. M/s Fiberfill Engineers Limited . ... ...

Recently, the High Court of Delhi, reinforced the application of Section 32A of the Insolvency and Bankruptcy Code, 2016 ("IBC"). Section 32A of the IBC states that the liability of a corporate debtor ("CD") for an offence committed prior to commencement of the corporate insolvency resolution process. ......

The Delhi High Court has held that effacement of trademarks from refurbished or resold goods would amount to impairment, even if international exhaustion is at play. However, resale may be valid and permissible if refurbished goods are offered for sale with full and proper disclosure, as per terms laid down by the court. ......

Businesses tend to prioritise securing their rights in their primary jurisdictions of operation, and / or jurisdictions that are strategically advantageous. This applies across all aspects of operation, whether it is incorporation, tax residency or even intellectual property (IP). The challenge with the latter is that some types of IP are jurisdiction-specific. ......

Patent laws, including in India, usually allow oppositions to be filed against patent applications, either before or after they are granted. Appeals against decisions in opposition matters may also be permitted in some cases. In India, an appeal against a decision of a Controller may be filed in post-grant oppositions, but the law is not as straightforward when it comes to appeals in pre-grant oppositions. ......