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. ...
Legal implications of social media “likes”: Section 67 of the IT Act
In a recent judgment, the Allahabad High Court (Court) made an important distinction between liking a post and sharing a post on social media platforms. The Court held that merely liking a post does not amount to publishing or transmitting obscene material under Section 67 of the Information Technology Act, 2000 (IT Act). ...
Is Your Brand Ready for the Multilingual Internet Revolution in India?
As India officially moves towards multilingual web domains, new challenges emerge for businesses and other stakeholders. How must we prepare for this multilingual revolution?. ...
It’s not always patently obvious, Calcutta High Court weighs in on Brigatinib
The Calcutta High Court in a recent case clarified important aspects pertaining to inventive step assessment and the admissibility of post-filing data. ...
PROTECTING FOREIGN INVESTORS: A FINE BALANCE
In a recent judgement, the Supreme Court ("SC") emphasised on the importance of protecting foreign investments while upholding the rule of law which states that a person is innocent until proven guilty. ...
Served or received, that is the question: an Indian trademark dilemma resolved
In a recent decision, the Delhi High Court highlights critical issues surrounding the service of notice in trademark proceedings. ...
SELF REGULATION IN THE DIGITAL AGE: INDIA’S NEW SELF REGULATORY FRAMEWORK FOR INFLUE...
In recent years, there has been a rapid expansion in the influencer marketing landscape in India, where social media influencers promote products and services across various platforms. This surge has led to challenges surrounding transparency, accountability, and consumer protection. ...
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