Tag: prior publication
November 10, 2018
Intellectual Property | Design
Intellectual Property | Design
Design rights denied after application is modified
Can the Controller of Designs refuse to register a design for lacking novelty after the applicant deletes some representations of the design on the recommendation of the examiner? A recent decision of the Calcutta High Court points out that an examination report only facilitates the controller’s final decision, and concludes that a design application can be refused registration even after it is amended. The decision also clarifies the role of the examiner and controller in the design registration process....
The Registration Bill: Catching Up with the Digital World
On May 27, 2025, the Department of Land Resources, Ministry of Rural Development, Government of India, released the draft Registration Bill, 2025 ("Bill"), which seeks to digitize the registration system in India.
Seed wars: Indian Court protects breeders’ registered Maize variety
How safe is your maize? A recent injunction for infringement of a maize variety in India has given a jolt to the agricultural industry, raising questions about what it takes to protect a plant variety.
Confidentiality vs Accountability: The Karnataka High Court’s Decision in The PhoneP...
Who bears the burden of translating foreign prior art? Unpack the debate on navigating global innovation, following a recent decision of the Calcutta High Court.
Lost in translation? India’s stance on non-English patent prior art
Who bears the burden of translating foreign prior art? Unpack the debate on navigating global innovation, following a recent decision of the Calcutta High Court.
Rewriting the Rules of Digital Lending: RBI Digital Lending Directions, 2025
Digital lending in India has revolutionized the borrowing landscape by leveraging digital platforms like mobile apps and websites to offer quick, convenient and paperless loans.
India’s 20-Year Patent Term: Is Section 53 invincible?
The lifespan of your patent just got clearer. Understand what the Calcutta High Court's ruling on Section 53 means for your innovation.
Let numbers talk: Branding numeric trademarks in India
Is your brand ready for the numeric revolution? The “2929” Delhi High Court decision signals a pivotal shift, proving numbers can be powerful, distinctive trademarks in a rapidly evolving digital landscape. ...
Forfeiture of Advance Money: Supreme Court’s Recent Ruling on Specific Performance
In a recent decision, the Supreme Court of India revisited the issue of when and to what extent can advance money be forfeited in a failed property sale transaction. The issue arose when a suit for specific performance was filed by K.R. Suresh ("Plaintiff"), who, unable to complete a property purchase within the agreed timeframe. ...
Loyalty Programmes: To be, or not to be!
The coming into force of the Digital Personal Data Protection Act, 2023 (“DPDP Act”), with its myriad compliances, has had widespread implications for companies – more so, for B2C companies. In this age of digital advantages, B2C companies have been making the most of the benefits of the digital age that are available to them – whether it is by way of marketing to attract new customers or taking steps to retain existing ones. ...
Testing the limits of the public health exception for patents in India
The Calcutta High Court, in a recent decision involving ITC, tested the extent to which the public health exception contained in Section 3(b) of the Patents Act, 1970, can be used to reject an application for a patent. ...
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