Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
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Bharat Glass Tube Limited v. Gopal Glass Works Limited
A design's novelty and originality under the Designs Act must be assessed by comparing it, as applied to the specific article for which registration is sought, against prior art shown to have been applied to the same or a similar …
CancellationDesign RegistrationNoveltyOriginalityTrade MarksBhole Nath Foods Ltd. v. Kirorimal Kashiram Marketing and Agencies Pvt. Ltd.
A passing-off injunction requires a finding that the claimant had goodwill and reputation in its mark before the defendant's adoption of the impugned mark.
CHEETALDevice MarksDOUBLE DEERGoodwillPatentsBigtec Private Limited v. Assistant Controller of Patents and Designs
An objection that devising nucleotide probes or primers is routine experimentation lacking inventive step under Section 2(1)(ja) must engage with evidence of unexpected effects placed on record; and the Section 3(c) exclusion for …
BiotechnologyInventive StepPatent ProsecutionPrior ArtPatentsBishwanath Prasad Radhey Shyam v. Hindustan Metal Industries
An improvement on a device or process already known must involve more than a routine workshop improvement; it must independently satisfy the tests of novelty and inventive step by producing a new result, a new article, or a better…
Inventive StepNoveltyObviousnessPatent RevocationPatentsBoehringer Ingelheim International GMBH v. The Controller of Patents & Anr.
A divisional application under Section 16 is maintainable only where the claims of the parent application themselves disclose a plurality of distinct inventions; disclosure of additional inventions solely in the specification, wit…
Claim ConstructionDivisional ApplicationPatent ProsecutionPlurality Of InventionsTrade MarksCadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd.
In assessing deceptive similarity between trade marks for medicinal products, courts must apply a stricter standard than for ordinary goods because confusion can endanger public health, having regard to the nature of the marks, th…
Deceptive SimilarityPassing OffPharmaceutical TrademarkPhonetic SimilarityPatentsCanva Pty Ltd & Ors. v. RxPrism Health Systems Private Limited & Anr.
An appellate court will not disturb a reasoned interim injunction in a patent infringement suit concerning a software-implemented feature where the Single Judge's prima facie view is sustainable.
Appeal DismissedInteractive ContentInterim InjunctionSoftware-related PatentTrade MarksColumbia Pictures Industries, Inc v. Registrar of Trade Marks & Anr.
Section 11(2) does not require a mark to have been formally declared well-known before its proprietor can invoke that status to oppose a similar or identical mark on dissimilar goods; it is enough that the mark is, in substance, e…
Bad Faith AdoptionCross-class ProtectionOppositionRemandPatentsCommunication Components Antenna Inc. v. Ace Technologies Corp. & Ors.
In assessing infringement at the interim stage, patent claims are to be given a purposive construction covering the substance of the claimed technical solution, and a defendant's unexplained refusal to disclose technical data pecu…
Adverse InferenceClaim ConstructionInterim InjunctionPatent InfringementTrade MarksCorn Products Refining Co. v. Shangrila Food Products Ltd.
In opposition proceedings, the reputation of a trade mark for assessing likelihood of confusion attaches to the mark itself and not merely to the reputation of the proprietor; deceptive similarity may be found even between goods t…
Deceptive SimilarityGoods Of Same DescriptionOppositionReputation Of Mark