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Intellectual Property
Patents Act, 1970 — Sections 14, 15, 25(1) and Rule 55(5) — Examination and pre-grant opposition — Distinct and independent proceedings — Requirement of separate hearings where objections or prior art differ — Composite order must demarcate examination and opposition findings — Mechanical adoption of opponent’s submissions vitiates order — Violation of natural justice warrants remand to different Controller for fresh consideration — Appeal allowed.
Held: Where FER objections and opposition grounds are not identical and new prior art is introduced in opposition, separate hearings under Sections 14 and 25(1) are mandatory. Controller must independently apply mind and provide reasons. Pre-grant opponent has no locus in examination proceedings. Matter remanded for de novo consideration with liberty to all parties on merits
In the age of digital publishing, an author’s name is more than just identity — it is their brand, livelihood, and legal right. This article explores how Indian copyright, trademark, and moral rights law protect pen names and pseudonyms, ensuring that writers retain control over their creative identity even in the online world.
Whether Statements Made to the Trademarks Office During the Prosecution of a Trademark Can Be…
This article examines the copyrightability of AI-generated creative works under the Indian Copyright Act, 1957. It analyses the distinction between fully autonomous and AI-assisted creations, the implications of human authorship and originality, and the significance of the Raghav AI (Ankit Sahni) case.
The Trademark Act, 1999 Section 33, Effect Of Acquiescence Abstract Section 33 of :contentReference[oaicite:0]{index=0} says…
Introduction Copyright is not merely a legal mechanism for economic reward; it is a recognition…
This article attempts to critically analyse the working paper published by Department for Promotion of Industry and Internal Trade. It proposes a hybrid model in the working paper, which applies the mandatory blanket licensing. The article critically analyzes this model and their after effects.
In recent times, the disputes scaling between emerging brands like Prime and Mas+[i] to the…
Overview of India’s Semiconductor Ecosystem Over the course of its development, India’s semiconductor ecosystem has…
Introduction In this rapidly expanding global business ecosystem, protecting brand recognition has become the need…
Protect your creativity the right way A registration is a powerful legal tool — but…
Brief Introductory Note This case involves a dispute over copyright protection for artistic labels used…
Brief Introductory Note Brief Introductory Note: The Delhi High Court recently dealt with a dispute…
Delhi High Court examines copyright, government work status, and moral rights in a DPR consultancy…
A Geographical Indication (GI) is a sign used on products that have a specific geographical…
Brief Introduction This case arises out of an appeal under Section 91 of the Trade…
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Introductory Note This case involves a person named Sudeep Gupta who challenged a decision by…
Introductory Note This case involves a dispute over a patent for a special coating used…
Introductory Note Introductory Note: This case concerns the global confectionery brand Ferrero Spa, the manufacturer…
Trademark Dispute: Officer’s Choice vs Original Choice The trademark dispute between Allied Blenders and Distillers…
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India’s Oldest Independent Digital Legal Knowledge Platform
ISBN: 978-81-928510-0-6
India’s Oldest Independent Digital Legal Knowledge Platform
ISBN: 978-81-928510-0-6