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.
Recently added judgments
Case notes prepared by the Ragulika IP team, each linked to the judgment on the court’s website.
Marriott Worldwide Corporation v. Hotel Marriot Prime & Anr.
Where a defendant fails to contest a commercial suit despite service and a subsisting interim injunction, a court may grant summary judgment under Order XIII-A of the Code of Civil Procedure without recording oral evidence; and a …
DamagesDeceptive SimilarityPassing OffTrademark InfringementPatentsMicrosoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs
An invention is not excluded under Section 3(k) merely because it is implemented as an algorithm on a computer; the determinative question is whether the claimed subject matter demonstrates a technical effect or technical contribu…
Computer Related InventionsPatent ProsecutionSection 3(k)Software PatentTrade MarksMilmet Oftho Industries & Ors. v. Allergan Inc.
In a passing off action concerning medicinal products with identical marks, prior use in the world market can prevail over a domestic company's later domestic use, since pharmaceutical trade and medical literature are internationa…
Deceptive SimilarityPassing OffPharmaceutical TrademarkPrior UserDesignsMohan Lal, Proprietor of Mourya Industries v. Sona Paint & Hardwares
Design infringement under the Designs Act, 2000 and passing off are separate causes of action resting on different rights, standards and defences; since a registered design is a time-bound statutory monopoly that enters the public…
Composite SuitCopyright Design OverlapDesign InfringementDesign RegistrationPatentsMonsanto Technology LLC & Ors. v. Nuziveedu Seeds Ltd. & Ors.
Revocation of a patent on a counter-claim under Section 64 of the Patents Act, 1970 cannot be decided summarily; it presupposes a full trial in accordance with the Code of Civil Procedure, particularly where patent exclusion under…
Biotechnology PatentCounter-claimInterim InjunctionPatent EligibilityCopyrightMRF Limited v. Metro Tyres Limited
Copyright in a cinematograph film under Section 13(1)(b) of the Copyright Act, 1957 is not defeated by the absence of the kind of originality required for literary or artistic works, and infringement under Section 14(d) is establi…
Cinematograph FilmComparative AdvertisingCopyright InfringementOriginalityCopyrightMy Space Inc. v. Super Cassettes Industries Ltd.
An internet intermediary hosting user-generated content is not liable for copyright infringement merely because its business model derives revenue from such content or because it performs format-shifting or indexing; it forfeits t…
Copyright InfringementDigital PlatformsIntermediary LiabilityOnline InfringementTrade MarksN.R. Dongre & Ors. v. Whirlpool Corporation & Anr.
A passing off action does not depend on registration of the mark in the country where protection is sought, and the goodwill necessary to sustain such an action may be established through transborder reputation built up by adverti…
GoodwillInterim InjunctionPassing OffTransborder ReputationCopyrightNajma Heptulla v. Orient Longman Ltd. & Ors.
A work of joint authorship under Section 2(z) of the Copyright Act, 1957 arises where the contribution of one author is not distinct from that of another and the two are merged into a single, unitary work; a person who gives indep…
Assignment And LicensingCopyright OwnershipJoint AuthorshipLiterary WorkTrade MarksNandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.
Registration in a particular class of goods does not confer a monopoly over the entire class; likelihood of confusion under Section 11 must be assessed by the real nature and target consumers of the competing goods, and honest, lo…
ClassificationDeceptive SimilarityDissimilar GoodsHonest Concurrent UseBrowse by Act and section
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