Tag: discovery
March 5, 2021
Intellectual Property | Patent
Intellectual Property | Patent
Gathering evidence in IP suits: The Thin Line between I...
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. ......
April 27, 2019
Intellectual Property | Patent
Intellectual Property | Patent
The Patentability of Substances Occurring in Nature
Patents are granted for inventions that are new, include an inventive step and are capable of industrial application. An element of human contribution and “inventiveness” are required for patentability. The body of scientific knowledge received by any generation is a combination of invention and discovery, but there is a fine line between the two, and the distinction is not always clear. In this note, we examine the patentability of discoveries in Europe, the United States, and India to understand this distinction in the context of “naturally occurring substances”. ...
The 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...
The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...
When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity
In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...
A Reset of India’s Export Import Rules
To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...
The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration
In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...
Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right
In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...
A Peaceful Atomic Age Dawns: India’s SHANTI Act and the Nuclear Patent Revolution
The Indian Parliament recently passed the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act), laying the groundwork for a...
Draft Labour Rules: A Step Forward Towards Implementation
On December 31, 2025, the Ministry of Labour and Employment ("Ministry") released the draft rules for the implementation of the four labour codes, marking a significant advancement in...
Bottled ‘Pride’: A Trademark Whisky War in India
How far can ‘pride’ go in succeeding in a trademark passing off suit? The Supreme Court of India had occasion to consider this, although not quite literally,...
The DPIIT Working Paper on AI and Copyright: Regulatory Signals and Practical Implications...
Artificial intelligence ("AI") is no longer at the margins of business strategy. For many organisations, it has become embedded in product design, customer engagement, internal workflows and long-term planning...
Vague Definitions, Harsh Penalties and Constitutional Incompatibility: Why the Karnataka H...
On December 10, 2025, the Government of Karnataka tabled the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 (the "Bill") to prevent dissemination and punish perpetrators of hate speech and hate crimes...
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