Tag: Delhi High Court

In a continuation of the long-drawn out big ticket litigation between PepsiCo and potato farmers, a Division Bench of the Delhi High Court in January 2024 reversed an earlier decision that had revoked the multinational’s registration of potato variety FL2027, which it uses to make the iconic Lays chips. ......

Among the many exclusions to patentability, the Indian Patents Act, 1970 (“the Act”) also excludes “diagnostic methods” under Section 3(i). But the term itself has been applied inconsistently by the Indian Patent Office (“IPO”). This note discusses a recent decision of the Madras High Court on the interpretation of this term and its implications on related patent applications. ......

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. ......

Recently, in the case of Vivek Khanna vs. OYO Apartments Investments LLP , the Delhi High Court dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act"), by way of which, Mr. Vivek Khanna (the "Petitioner") assailed the award dated March 31, 2023 (the "Impugned Award") passed by the arbitral tribunal comprising of a sole arbitrator. ......

Recently, in the case of Amit Guglani and Another vs. L&T Housing Finance Limited and Another , the Delhi High Court adjudicated upon a petition filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (the "A&C Act") for appointment of a sole arbitrator ("Petition") under a tripartite agreement dated October 24, 2018, executed between the parties. ......

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. ......

Recently, in the case of Sunil Kumar Chandra v. M/s Spire Techpark Private Limited , the High Court of Delhi ("DHC") has held that in case there is inconsistency between two clauses in an agreement, the former clause will have precedence over the latter clause. ......

A key question that confronts participants in any disruptive and innovative industry is that of intellectual property (IP) protection. Software is no exception. Multiple IP routes, e.g., copyrights, patents, and trade secrets, are available for protecting software, but the appropriate choice is not always automatically evident. ......

Much emphasis is placed in patent law on the importance of filing for protection as early as possible in the inventive process, in order to obtain necessary rights and benefits. But these applications are by no means set in stone. There is room to amend patent applications, and in India, amendments can be done both while an application is pending, and after a patent has been granted, subject to appropriate permissions from the Controller. ......