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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F. Hoffmann-La Roche AG & Anr. v. Natco Pharma Limited
A credible challenge to patent validity under Section 64(1)(f), showing that the claimed compound is an obvious and predictable structural modification of a compound already disclosed in the patentee's own earlier prior art, can d…
EvergreeningGenus-Species PatentInterim InjunctionInventive StepPatentsF. Hoffmann-La Roche Ltd. & Anr. v. Cipla Ltd.
A patent claim for a chemical compound is not to be narrowed to a specific polymorphic or crystalline form merely because the specification discusses particular polymorphs, where the claim itself is drafted broadly to cover the co…
Claim ConstructionPatent InfringementPharmaceutical PatentPolymorphPatentsFerid Allani v. Union of India & Ors.
Section 3(k) of the Patents Act, 1970 excludes only computer programmes per se from patentability, and not inventions implemented through a computer programme which demonstrate a technical effect or technical contribution to the s…
Computer Related InventionsPatentable Subject MatterSection 3(k)Software PatentTrade 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 MarksHamdard National Foundation (India) & Anr. v. Sadar Laboratories Pvt. Ltd.
While composite trade marks must be compared as a whole under the anti-dissection rule, it is permissible to examine a dominant or significant common element in determining the overall commercial impression, and a composite mark m…
Anti-Dissection RuleComposite MarksDeceptive SimilarityTrade DressTrade 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 UserPatentsHirotsu Bio Science Inc. v. Assistant Controller of Patents and Designs
A cancer-detection method, including its preparatory steps that serve only the diagnosis, is a diagnostic method excluded from patentability under Section 3(i).
Cancer DetectionDiagnostic MethodNematodesPatent Refusal UpheldCopyrightIndian 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 Ownership