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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for “SUPREME”
Dr. Aloys Wobben & Anr. v. Yogesh Mehra & Ors.
Section 64(1) of the Patents Act, 1970 grants alternative, not cumulative, remedies for seeking revocation of a patent: a petition before the Appellate Board, or a counter-claim in an infringement suit. Once a person interested el…
Counter-claimElection of RemediesPatent LitigationPatent RevocationCopyrightEastern Book Company & Ors. v. D.B. Modak & Anr.
Copyright in a derivative or compiled work requires the exercise of some minimum degree of creativity through the application of skill and judgment, and not merely labour and capital expended in copying. Inputs that involve only m…
Copyright InfringementLiterary WorkOriginalityPublic DomainCopyrightEngineering Analysis Centre of Excellence Private Limited v. Commissioner of Income Tax
A licence to use a copy of software, or to resell it, without transferring any of the rights in Section 14 of the Copyright Act, does not amount to the use of or right to use copyright; payments for it are not royalty under the DT…
Copyrighted ArticleDistribution AgreementsEnd-user Licence AgreementRoyaltyCopyrightEntertainment Network (India) Ltd. v. Super Cassettes Industries Ltd.
An offer to license copyrighted broadcasting rights on unreasonable terms constitutes a refusal under Section 31(1)(b) of the Copyright Act, 1957, and the existence of one voluntary licence does not bar the Copyright Board from gr…
Broadcasting RightsCompulsory LicenceCopyright BoardMusic And Sound RecordingsTrade MarksGodfrey Phillips India Ltd. v. Girnar Food & Beverages (P) Ltd.
A trade mark that is otherwise descriptive or laudatory of the goods is not, for that reason alone, incapable of protection in a passing off action; if the mark has, through long and extensive use, acquired a secondary meaning ide…
Descriptive MarksDistinctivenessGeneric MarksPassing OffCopyrightGramophone Company of India Ltd. v. Birendra Bahadur Pandey & Ors.
Infringing copies brought into India, even for transit to another country, are 'imported' within Section 53 of the Copyright Act, 1957 and may be prohibited after an enquiry.
Customs SeizureGoods in TransitImportInfringing CopiesTrade MarksHardie Trading Ltd. & Anr. v. Addisons Paint and Chemicals Ltd.
In a non-use rectification under Section 46 of the 1958 Act, the applicant bears the burden of proving the statutory non-use conditions, while the proprietor must prove special circumstances excusing non-use; while a registration …
Honest Concurrent UseNon-usePerson AggrievedRectificationTrade MarksHeinz Italia & Anr. v. Dabur India Ltd.
Where a prior user's mark and get-up are closely imitated by a later entrant in the same market, the prior user is entitled to interim protection against passing off.
Ad-interim InjunctionDeceptive SimilarityPassing OffPrior UserCopyrightIndian Performing Right Society Ltd. v. Eastern India Motion Pictures Association & Ors.
Where music or lyrics are composed for a cinematograph film by an engaged composer or lyricist for valuable consideration, the film producer becomes the first owner of copyright in that contribution under Section 17 and thereby ac…
Assignment And LicensingCinematograph FilmCopyright SocietyFirst OwnershipCopyrightIndian Performing Right Society Ltd. v. Sanjay Dalia & Anr.
Under Section 62(2) of the Copyright Act and Section 134(2) of the Trade Marks Act, a plaintiff that carries on business where the cause of action arose must sue at that place, and cannot invoke its principal office elsewhere to c…
Cause of ActionForum ShoppingPlace of BusinessTerritorial Jurisdiction