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.
106 results
for “Appeal”
My 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 ReputationTrade 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 UsePatentsNatera Inc. & Anr. v. The Assistant Controller of Patents and Designs
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)OtherNavigators Logistics Ltd. v. Kashif Qureshi & Ors.
A suit alleging misuse of confidential business information cannot be rejected under Order VII Rule 11 CPC on the basis of material outside the plaint, such as Local Commissioners' reports; if particular reliefs are barred, the re…
Confidential InformationCustomer DataFormer EmployeesLocal CommissionerDesignsNEC Corporation & Ors. v. The Controller of Patents and Designs & Anr.
A graphical user interface is not per se excluded from registration as a design under Sections 2(a) and 2(d) of the Designs Act, 2000; the requirement that a design be applied to an article by an industrial process must be constru…
Copyright Design OverlapDesign RegistrationDigital PlatformsNoveltyTrade MarksNeon Laboratories Ltd. v. Medical Technologies Ltd. & Ors.
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 UserPatentsNippon A&L Inc. v. The Controller of Patents
An amendment restricting product-by-process claims to process-only claims is permissible under Section 59 where it narrows rather than broadens the scope of the claims as originally filed and remains within matter already disclose…
Claim AmendmentPatent ProsecutionProduct By Process ClaimsSection 59PatentsNokia Technologies OY v. Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.
Where an implementer has previously licensed a patentee's SEPs and continues to use them after the licence expires, the court may direct a pro-tem deposit pending trial, measured by reference to the last paid royalty attributable …
Expired LicenceFRANDPro-tem SecurityStandard Essential PatentPatentsNovartis AG v. Union of India & Ors.
Section 3(d) of the Patents Act, 1970 imposes a distinct and higher threshold of patentability for new forms of known substances, over and above the ordinary tests of novelty and inventive step. A new form of a known substance mus…
EfficacyEvergreeningInventive StepKnown Substance