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.
5 results
for “Prior Publication”
Bharat Glass Tube Limited v. Gopal Glass Works Limited
A design's novelty and originality under the Designs Act must be assessed by comparing it, as applied to the specific article for which registration is sought, against prior art shown to have been applied to the same or a similar …
CancellationDesign RegistrationNoveltyOriginalityDesignsCrocs Inc USA v. M/s Bata India Ltd and Ors.
In commercial litigation, costs ordinarily follow the outcome of the case, and the successful party is awarded actual and reasonable litigation expenses. Parties pursuing commercial disputes must bear the financial consequences of…
Actual CostsCancellation of DesignDesign InfringementIndustrial DesignPatentsFMC Corporation & Ors. v. Natco Pharma Limited
In a quia timet action under Sections 48 and 108 concerning a soon-to-expire patent, where the defendant has raised a substantial, non-frivolous challenge to validity through a pending revocation petition and has already commenced…
Interim InjunctionNoveltyPatent InfringementPrior ArtDesignsReckitt Benckiser (India) Ltd. v. Wyeth Ltd.
Prior publication of a design under Section 4(b) of the Designs Act, 2000 requires that the design, as applied to a specific article, be disclosed to the public with sufficient visual clarity to enable a person to perceive its sha…
CancellationDesign RegistrationNoveltyPrior PublicationDesignsSteelbird Hi-Tech India Ltd. v. S.P.S. Gambhir & Ors.
An ex parte interim injunction restraining an alleged infringer of a registered design must be vacated where the defendant demonstrates a credible prima facie case that the design feature relied upon was already common to the trad…
CancellationDesign InfringementDesign RegistrationNovelty