Region: India

In a dispute between several tech companies, the Delhi High Court has intervened to restrain the defendant from reselling hard-drive disks. The decision highlights the interplay between proprietary rights and consumer interest, as well as the process of determining a product’s true origin.

18 April 2024

The imposition of exemplary damages sends a strong message to parties seeking to evade judicial proceedings. 

16 April 2024

In Sanofi v Zanofi, the Delhi High Court has ruled on the phonetic similarity of trademarks and trade names. In its assessment of the requirements involved in changing such names, the court clarified the interplay between the Trade Marks Act 1999 and Companies Act 2013 for the first time.

11 April 2024

In a pharma trademark spat, the Delhi High Court has emphasised the fixed nature of opposition timeline rules in India, providing much-needed clarity on the legal provisions relating to opposition proceedings.

21 March 2024

Featured in Inside India’s IP Market: a Guide 2024

Although India is not yet a major global player when it comes to patent pools, emerging technologies could be about to change this. The potential of patent pools to minimise licence duplication, patent blocking, the risk of infringement and the cost of licensing could be invaluable for rights holders in the tech space and would facilitate a surge in innovation.

21 March 2024

Featured in Inside India’s IP Market: a Guide 2024

As outsourcing and original equipment manufacturers are key factors in India’s economic growth, IP infringement is a growing headache for the government. Legal experts and rights holders can mitigate against threats such as counterfeiting and data breaches with robust contracts and technological solutions, while bearing in mind the impact of trade agreements and cross-border collaboration.

21 March 2024

Featured in Inside India’s IP Market: a Guide 2024

Having historically embraced foreign investments with bilateral investment treaties and multilateral agreements, a surge in activity has prompted India to take a more cautious approach. The country has been re-evaluating existing agreements against a backdrop of evolving international investment laws, aiming to strike a balance between investor protection, regulatory autonomy, and host and investor reputations.

21 March 2024

Limited financial resources, an uptick in trademark squatting and the growing risks of product piracy in the pharmaceutical space demand a closer look at the different resolution strategies being adopted by litigation experts across the globe.

14 March 2024

In a case involving traditional Indian textiles, the Delhi High Court has shed light on the challenges in safeguarding cultural heritage marks against commercial misuse and the heavy burden of proof on the plaintiff to prove that a registration is invalid.

14 March 2024

Cosmetic company 82°E has prevailed in an infringement suit brought by Lotus Herbal alleging likelihood of confusion. The Delhi High Court’s decision sheds light on the complexities of product branding and clarifies the distinction between characteristic descriptions and brand identifiers.

07 March 2024