Tag: Delhi High Court

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ......

Licensing and franchising intellectual property (IP) offer strategic competitive advantages to a brand. Franchising is a situation where a franchisor controls and supervises the exploitation of a trademark while allowing the use of the tradename, the get up and the reputation and goodwill associated with the trademark. ......

There are several ways in which evidence can be gathered in intellectual property (IP) suits, including through discoveries and cross examinations. Discovery takes place pre-trial, where parties can exchange information regarding the evidence and witnesses to be presented to the court. ......

Applying for a patent is a race against time to secure the earliest priority date (i.e., the date of the first filing of a patent application). As a result, patent applications are often filed with accompanying data that do not always capture all the facets of the invention. In such cases, using post-filing data to support the applications is often the only course available. ......

Can “any person” oppose a patent application before it is granted? Or must persons now provide their credentials before filing oppositions? Are there circumstances when such oppositions cannot be entertained? The Bombay High Court was faced with questions like these in the recent case of Dhaval Diyora vs. Union of India (WP(L) 3718/2020; 05 November 2020). ......

Injunctions are the first resort for parties seeking to stop websites from infringing trademarks or hosting copyright-infringing data. But injunctions do not always work the way they’re expected to in these cases. Often, the infringing content is merely moved to a different server or is re-uploaded or re-hosted on a different platform. In order to circumvent the technicalities of the internet and in order to strengthen the armoury of trademark and copyright holders to counter digital piracy, a new type of injunction has come into vogue to better enforce digital rights – dynamic injunctions. ......

In patent law, there is a constant tug of war between the importance of incentivizing innovators and the need to ensure that consumers have access to innovations. The law reflects this tussle as well. But this constant striving to balance the rights between patentees and consumers is essential for the patent system to function and be meaningful to society. ......

Indian patent law has a unique requirement under which every patentee and licensee of a granted patent must file a statement detailing the commercial working of patented inventions in India. The recent overhaul of the information required to be submitted under patent working statements (contained in Form 27) invites a reconsideration of the law around non-working of patents. ......

Change is synonymous with Startups. Startup teams are constantly innovating, exchanging new ideas, conducting new experiments, and learning new lessons along the way. What’s really exciting about this is the potential for generating new Intellectual Property (IP) for the Startup each time you have a breakthrough. ......