ipr

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. […]
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13 Years in the Making: The Philips Judgment and its Impact on SEP Litigation in India

Introduction The Delhi High Court (DHC)’s recent decision in Koninklijke Philips Electronics N.V. vs. Maj (Retd) Sukesh Behl & Anr. [1] 1is another firm reinforcement of India’s growing reputation as a key jurisdiction for Standard Essential Patent (SEP) enforcement. While India has consistently handled SEP litigation with legal sophistication and commercial pragmatism, this ruling reinforces […]
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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 […]
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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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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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