Intellectual Property

April 16, 2025
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Sufficiency of Disclosure – A Statutory Requirement not to be Weighed Less

Introduction Sufficiency of disclosure is a core requirement in patent law, ensuring that an invention is described in a manner that allows a person skilled in the art to perform it. In return for the limited monopoly granted by a patent, the inventor must disclose the invention clearly, enabling public use once the patent expires. […]

April 8, 2025
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Interpretation of Method Claim under Section 3(m) by Madras High Court – Robert Bosch Limited v. The Deputy Controller of Patents and Designs

Introduction The Indian Patents Act, 1970 states the inventions that are not eligible to be patented in India under Section 3. Section 3(m) states, a “mere scheme or rule or method of performing mental act or method of playing game [is not an invention].” Recently, in Robert Bosch Limited v. Deputy Controller of Patents and […]

March 19, 2025
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Concept of Intermediary Liability in Trademark Infringement

Introduction The case of Lifestyle Equities CV & Anr. v. Amazon Technologies, Inc. & Ors1.represents a significant milestone in Indian trademark law, particularly concerningintermediary liability in the digital age. The dispute arose when Lifestyle Equities CV,owner of the “Beverly Hills Polo Club” (BHPC) mark, alleged that Amazon facilitated thesale of products bearing a deceptively similar […]

March 6, 2025
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Trade Secret Protection in India: A Comprehensive Overview

Introduction Trade secrets are crucial to modern business strategy, particularly in sectors driven by innovation, technology, or unique practices. Unlike patents, which require formal registration and public disclosure, trade secrets are protected through confidentiality and non-disclosure agreements (NDAs). In India, the growing importance of trade secret protection is driven by intensifying local and global competition. […]

February 12, 2025
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Guidelines for Processing Patent Applications of AYUSH Systems and Related Inventions

The Government of India, through the Ministry of AYUSH, actively promotes the traditional and indigenous systems of medicine, including Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homoeopathy (AYUSH). Given the rich traditional knowledge (TK) embedded within these systems, it is crucial to strike a balance between protecting traditional knowledge and fostering innovation. To address […]

February 11, 2025
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Impact of Patent Expiry and Legal Actions on Revocation: A Case Study

Introduction Patents grant exclusive rights to inventors for a specific period, but this exclusive right can be contested if a party believes that the patent was erroneously granted. The Indian Patents Act of 1970 (“Act”) provides the mechanisms for challenging the validity of patents through revocation petitions. One of the primary concerns is whether certain […]

January 31, 2025
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Marking Registered Designs: A Legal Necessity or Mere Formality?

Design marking is a method used by proprietors to indicate that their article is protected by design rights. It involves “marking” an article to inform the public that the article in question is the subject of a registered design. In this regard, Indian courts have also occasionally examined whether design marking is essential or not, […]

December 26, 2024
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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 […]

December 23, 2024
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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 […]

December 10, 2024
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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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