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IP Lex · Indian IP case law

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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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19 results

for “Appeal Dismissed”

Patents

Natera Inc. & Anr. v. The Assistant Controller of Patents and Designs

Delhi High Court

The exclusion of diagnostic methods from patentability under Section 3(i) of the Patents Act, 1970 applies without distinction between in vivo and in vitro processes, and covers a method whose complete specification and final clai…

BiotechnologyClaim ConstructionPatent ProsecutionSection 3(i)
Trade Marks

Neon Laboratories Ltd. v. Medical Technologies Ltd. & Ors.

Supreme Court of India · (2016) 2 SCC 672

Under Section 34 of the Trade Marks Act, 1999, actual continuous prior use of a mark in the market prevails over a rival's earlier-dated application for registration where the registrant remained inactive for a prolonged period; t…

Deceptive SimilarityNon-usePassing OffPrior User
Patents

OpenTV Inc. v. The Controller of Patents and Designs & Anr.

Delhi High Court · 2023:DHC:3305

The exclusion of business methods under Section 3(k) is absolute and unqualified, unlike the per se qualification applicable to computer programmes; the true nature of a claim is determined by its substance rather than its form or…

Business MethodClaim AmendmentComputer Related InventionsSection 3(k)
Trade Marks

Pernod Ricard India Private Limited & Anr. v. Karanveer Singh Chhabra

Supreme Court of India · 2025 INSC 981

Composite marks must be compared as a whole. A proprietor cannot combine features drawn from different marks to build a case of infringement, and cannot claim exclusivity over a common or laudatory element of a composite mark, or …

Anti-Dissection RuleCommon to the TradeComposite MarksDeceptive Similarity
Copyright

R.G. Anand v. M/s Delux Films & Ors.

Supreme Court of India · AIR 1978 SC 1613

Copyright protects only the particular form of expression of an idea, theme, subject matter or plot, and never the idea itself. Substantial similarity of theme between two works is not infringement if the treatment, incidents and …

Copyright InfringementDramatic WorkIdea-Expression DichotomyOriginality
Trade Marks

S. Syed Mohideen v. P. Sulochana Bai

Supreme Court of India · (2016) 2 SCC 683

Under the scheme of the Trade Marks Act, 1999, the rights of a prior user of a trade mark are superior to the rights flowing from registration, and the statutory remedy of passing off under Section 27(2) remains available to a pri…

Deceptive SimilarityGoodwillPassing OffPrior User
Trade Marks

S.M. Dyechem Ltd. v. Cadbury (India) Ltd.

Supreme Court of India · (2000) 5 SCC 573

Not good law on the test of deceptive similarity: see Cadila Health Care v. Cadila Pharmaceuticals (2001). Retained for its historical significance and its discussion of interim relief.

Deceptive SimilarityEssential FeaturesInterim InjunctionPICNIC
Trade Marks

Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd. & Ors.

Supreme Court of India · (2018) 2 SCC 1

The law of passing off in India is governed by the territoriality doctrine, under which a plaintiff must prove actual goodwill and reputation for its mark among a substantial section of purchasers within the Indian market at the r…

GoodwillPassing OffPrior UserTransborder Reputation
Patents

Vishal Choudhary v. SNPC Machines Private Limited & Ors.

Delhi High Court

An interim injunction protecting patented machinery will not be lifted in appeal absent a demonstrated error in the trial court's prima facie assessment.

Appeal DismissedBrick-making MachinesInterim InjunctionPatent Infringement
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