India

Well Known Trademarks in India

In today’s globalized economy, trademarks are essential for distinguishing products and services, while also serving as valuable assets for businesses. Among the different categories of trademarks, well-known trademarks hold a unique position. These marks are widely recognized and have gained significant reputation, often crossing national borders. Indian trademark law offers exceptional protection to well-known trademarks, […]
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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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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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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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Trans-Border Reputation of Trademarks

Introduction In today’s globalized economy, a trademark can transcend borders, influencing consumer choices worldwide. Yet, when it comes to legal protection, does a trademark’s global reputation hold weight in a specific jurisdiction? Indian courts have grappled with this question in landmark cases over the years. A trademark is any word, name, symbol, or design that […]
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Ensuring Patent Claim Integrity: Options for Correcting Errors in Indian Patent Applications

Background In patent applications, precise and accurate claims are vital, as they define the boundaries of protection the patent will offer. Yet, clerical errors occasionally appear, ranging from minor spelling or grammatical mistakes to misstatements in technical parameters. Correcting these errors is crucial because they can impact a patent’s scope, and sometimes even its enforceability. […]
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Intellectual Property Essentials for Indian Startups

Introduction India has swiftly emerged as one of the world’s top startup ecosystems, driven by government policies, a large and youthful population, and increasing digital penetration. According to the Economic Survey, the country now ranks as the third-largest startup ecosystem globally, behind the United States and China. Notably, Indian startups are recognized for their innovation, […]
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