Tag: passing off
April 9, 2020
Intellectual Property | Patent
Intellectual Property | Patent
Delhi High Court: Know-how does not Confer Patent Right...
An Indian court has held that in the absence of a patent, common law rights or agreements protecting know-how cannot be a means to circumvent the patent process. In its judgement in Prof. Dr. Claudio De Simone & Anr v. Actial Farmaceutica Srl. & Ors. (17.03.2020, Delhi High Court), a Single Judge dismissing a suit for permanent injunction said that the right to an injunction could only be invoked under Section 48 of the Patents Act, 1970, and no right exists in common law to restrain others from commercially exploiting the know-how of an invention. ...
January 29, 2019
Intellectual Property | Design | Trademark
Intellectual Property | Design | Trademark
Composite suit for design infringement and passing off ...
A Special Bench of five judges of the Delhi High Court has held that had a composite suit in relation to the infringement of a registered design and passing off, where the parties are the same, is maintainable in a court of law. ...
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...
Broadening the Small Company Net: Implications of the New Threshold
On December 1, 2025, the Ministry of Corporate Affairs ("MCA") via Notification G.S.R. 880(E) ("Notification"), introduced pivotal amendment to the definition of a "Small Company" under Sec-tion 2(85) of the Companies Act...
Privacy at the Price of Transparency: Legal Implications of the Amendments to Section 8 of...
The Ministry of Electronics and Information Technology ("MeitY") recently notified the Digital Personal Data Protection Rules, 2025, on November 14, 2025. This notification brings into force the Digital Personal...
Recalibrating Corporate Governance: An Analysis of the SEBI LODR 5th Amendment, 2025
On November 19, 2025, the Securities and Exchange Board of India ("SEBI") notified the fifth amendment to the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations...
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