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What to do when Hit with a Patent Infringement Lawsuit?

Introduction A patent is a form of intellectual property which grants the patentee exclusive rights, issued by the government, for a specific duration (typically, 20 years), in return for a complete disclosure of the invention. This exclusivity prohibits others from manufacturing, using, selling, or importing the patented product or using the patented process, without the […]
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India’s AdLaw Wrap for 2024

The advertising landscape in India is no stranger to bold claims and ambitious creativity, but 2024 marked a turning point—a year when accountability caught up with imagination. Faced with mounting concerns over misleading advertisements, regulators have stepped in to draw a firm line between persuasion and deception. Whether it’s combating greenwashing, addressing unverified medicinal claims, […]
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Patentability of Blockchain Inventions in India

Introduction Blockchain technology, a decentralized and secure ledger, has revolutionized industries like finance, supply chain, and digital assets. Its innovative applications raise important questions about its patentability within India’s legal framework for computer-related inventions (CRIs). This article explores the legal provisions, key judicial precedents, and the evolving stance of the Indian Patent Office on blockchain […]
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Innovations that Transcended Science Fiction to become Reality

Introduction The remark from Isaac Asimov, “Today’s science fiction is tomorrow’s science fact,” resonates with our modern sensibilities. Science fiction serves as a playground for theoretical and practical exploration, allowing scientific concepts to be creatively presented. Our world often seems to fulfill the visions of past science fiction: we converse with AI, see digital billboards […]
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Foreign Filing License for Patents in India

Introduction A Foreign Filing License (FFL) is a statutory requirement under the Indian Patent Act, 1970, aimed at protecting national interests by preventing unauthorized disclosures of inventions abroad. This regulation ensures that inventions with potential strategic, security, or public interest implications are thoroughly evaluated before international exposure. This article explores the concept, legal framework, practical […]
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Passing Off Remedies for Design Owners in India

Introduction Passing off refers to the act of misrepresenting one’s goods or services as those of another, typically through the use of a similar trade name, logo, packaging, or design. This practice can cause confusion among consumers and result in unfair competition. This article explores the concept of passing off in designs, its legal implications, […]
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The Power of Innovation and Creativity: A Guide to Intellectual Property in India

Creativity and innovation have been cherished throughout history. In ancient Greece, inventors were rewarded for their contributions, and the first recorded patent was granted in 1421 in Florence to Filippo Brunelleschi for method of transporting heavy loads up the river. He enjoyed exclusive rights for three years, preventing others from using similar methods during that […]
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Medical Use Claims in India, US, and EP

Introduction Medical use claims constitute an important aspect of the pharmaceutical industry. Such claims comprise the use of known substances for the treatment of diseases or any other medical procedure. These types of claims may comprise the ‘first use’ or ‘subsequent use’ of the existing product or process. However, the Indian Patent Act does not […]
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The Intersection between Indian Copyright and Design Laws

Introduction The inherent nature of intellectual property often leads to overlapping rights for an owner over the same subject matter. This creates challenges for enforcement agencies in ensuring that these rights coexist smoothly and in setting consistent legal precedents. One such area of uncertainty arises between copyright and design law, particularly with regard to artistic […]
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Clinical Trials and Patentability in India

Introduction India has established itself as a global hub for pharmaceutical research, often referred to as “the pharmacy of the world.” This status was redefined in 2005 when India aligned its intellectual property (IP) regime with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. The Patents (Amendment) Act of 2005 introduced full patent protection […]
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