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.
38 results
for “FIR”
American Home Products Corporation v. Mac Laboratories Private Limited & Anr.
A proprietor may validly register a mark proposed to be used through a registered user, and such a registration is not liable to removal for non-use merely because the proprietor itself has not used the mark.
Foreign ProprietorNon-useProposed UseRectificationTrade MarksAmrit Singh Mehta trading as Mehta Cosmetics v. Controller General of Patents, Designs and Trade Marks
Where a trade mark is registered after its normal renewal date, the proprietor is entitled to a six-month period from the actual date of registration to seek renewal. Further, a trade mark cannot be removed for non-renewal without…
Form O-2Form O-3Registration CertificateRemoval of TrademarkCopyrightANI Media Pvt. Ltd. v. Open AI OpCo LLC
An Indian court has jurisdiction if the plaintiff's principal place of business is in India, or if the defendant targets Indian users, even when the defendant's servers are located abroad. Even temporarily storing a copyrighted wo…
Artificial IntelligenceCopyright Fair DealingCopyright InfringementJurisdictionPatentsBayer Corporation v. Union of India & Ors.
A compulsory licence under Section 84 of the Patents Act, 1970 may be granted where the reasonable requirements of the public with respect to a patented invention have not been satisfied, the invention is not available at a reason…
Compulsory LicencePublic HealthReasonably Affordable PriceSection 84Trade MarksColumbia Pictures Industries, Inc v. Registrar of Trade Marks & Anr.
Section 11(2) does not require a mark to have been formally declared well-known before its proprietor can invoke that status to oppose a similar or identical mark on dissimilar goods; it is enough that the mark is, in substance, e…
Bad Faith AdoptionCross-class ProtectionOppositionRemandPatentsCommunication Components Antenna Inc. v. Ace Technologies Corp. & Ors.
In assessing infringement at the interim stage, patent claims are to be given a purposive construction covering the substance of the claimed technical solution, and a defendant's unexplained refusal to disclose technical data pecu…
Adverse InferenceClaim ConstructionInterim InjunctionPatent InfringementCopyrightDavinder Pal Bakshi v. State of Haryana & Anr.
Criminal proceedings under Sections 51 and 63 of the Copyright Act, 1957 cannot be sustained where the goods in question are not works in which copyright subsists under Section 13.
Abuse of ProcessCopyrightable WorksCriminal ProceedingsQuashing of FIRCopyrightDev Sahitya Kutir Pvt. Ltd. v. Smt. Archana Debnath & Anr.
In a copyright infringement suit, an interim injunction should normally follow once a prima facie case is shown, and an appellate court will not substitute its view where the trial court has taken a possible view on the pleadings.
Copyright InfringementInterim InjunctionLegal HeirsLiterary and Artistic WorksPatentsDr. 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 RevocationCopyrightDr. Ashok M. Bhat v. Harichand Nagpal & Ors.
An injunction against use of a registered artistic work follows the artistic work onto any label, not merely the one impugned in the plaint. In Order XXXIX Rule 2A proceedings justification is no defence: so long as an order stand…
Contempt of InjunctionCounterfeitingExemplary CostsOrder XXXIX Rule 2A