Intellectual Property

December 2, 2024
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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 […]

November 8, 2024
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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. […]

November 6, 2024
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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, […]

October 21, 2024
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Cracking the Algorithm: Blackberry’s Patents Battle Section 3(k) in India

Introduction The Indian Patents Act, 1970 plays a crucial role in defining what constitutes patentable subject matter. One of the most debated provisions is Section 3(k), which excludes the patenting of algorithms, business methods, and computer programs per se. In 2024, the Delhi High Court heard two key cases involving Blackberry Limited, which revolved around […]

October 17, 2024
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Section 3(d) Strikes Again: Nippon Steel v. Controller General of Patents

Introduction Section 3(d) of the Indian Patent Act (hereinafter, “the Act”) bars the patentability of new uses or new forms of known compounds and compositions unless these changes result in significant therapeutic efficacy. Various judgments have established precedents clarifying non-patentability objections, particularly those under Section 3(d) of the Indian Patent Act. In a recent judgment […]

October 10, 2024
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Should Celebrities Register their Names and Images as Trademarks in India?

Introduction In recent years, many celebrities have sought to protect their reputation and popularity by registering their birth names and professional names as trademarks worldwide. In India, while ‘celebrity’ isn’t clearly defined in IP law, the Copyright Act uses ‘performer,’ which includes actors, singers, musicians, dancers, and other public entertainers. Historically, trademark offices were hesitant […]

October 3, 2024
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Sowing the Seeds of Change: Patent Law, Biotechnology, and the Sakata Case

Introduction In a recent judgment in Sakata Seed Corporation v. Deputy Controller of Patents and Designs [1], the Madras High Court set aside a patent refusal order issued by the Controller of Patents for patent application No. 1221/CHENP/2015. The refusal was based on non-compliance with Section 3(j) of the Indian Patents Act, 1970 (“the Act”). […]

October 1, 2024
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Navigating Patent Prosecution in India: A Comprehensive Guide

Introduction Patent prosecution is a crucial process in intellectual property law, encompassing all the steps involved in securing a patent. The Patents Act, 1970 is the core law that deals with patent applications under India’s filing and regulatory framework. In India, patent prosecution is divided into two main phases: pre-grant prosecution and post-grant prosecution. Each […]