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designs

Crocs v. Bata: Delhi HC Imposes Heavy Litigation Costs

In a significant ruling for Indian commercial litigation, the Delhi High Court ordered Crocs Inc to pay over Rs. 24 lakhs in litigation costs to Bata India. Following the cancellation of Crocs' design registration for lack of novelty, Justice Prathiba M. Singh emphasized that costs must follow the event, reflecting actual expenditure rather than symbolic amounts. This decision underscores the shift in Indian courts toward penalizing frivolous IP litigation. It serves as a stern warning to rights holders that pursuing weak design infringement claims now carries substantial financial consequences.

7 min read
Weekly IP Digest

Weekly Indian IP Law Digest: July 5–11, 2026

The second week of July 2026 saw significant activity across Indian courts. Key rulings include the Delhi High Court's rejection of bioavailability as a basis for therapeutic efficacy in patent law and the Bombay High Court's crackdown on unsupported 'common general knowledge' claims by the Patent Office. We also cover the latest developments in trademark disputes, including the boAt v. BOULT matter and new injunctions against AI-driven copyright scraping. Stay updated on these essential legal developments and international IP cases, including the latest in the AstraZeneca and OpenAI litigations.

21 min read
patent

Bombay HC: Patent Office Must Substantiate Rejections

In Deepak Nitrite Limited v. Assistant Controller of Patents, the Bombay High Court has reprimanded the Patent Office for the 'bald invocation' of common general knowledge in refusal orders. Justice Arif S. Doctor emphasized that quasi-judicial authorities must identify specific sources and provide reasoned links when rejecting patent claims for lacking an inventive step. The court’s decision highlights a recurring pattern of non-speaking orders and reiterates that patent applicants are entitled to transparent, well-reasoned analyses. This ruling serves as a vital reminder of the standards required for a sustainable patent refusal.

9 min read
trademark

Bombay HC: Corporate Restructuring and Trademark Rights

The Bombay High Court’s ruling in John Cockerill Hamon SA v. Hamon Cooling Systems addresses a critical issue for corporate law: what happens to trademark rights when a subsidiary is separated from its parent group? Justice Arif S. Doctor held that a licensee cannot claim independent proprietary rights over a mark used under permission. This case serves as a warning for companies navigating post-restructuring brand use, highlighting the dangers of inconsistent pleadings and the legal weight of admissions made before the Trademark Registry regarding prior ownership and brand usage.

13 min read
trademark

Landmark Crafts Wins Landmark HP Trademark Injunction

The Delhi High Court has granted an ex parte ad-interim injunction in favor of Landmark Crafts Limited against Shalini Garg, owner of Shree Mange Ram And Sons. The dispute centered on the defendant's attempt to use the 'ISI' prefix alongside the plaintiff's registered 'HP' mark to bypass trademark laws. Justice Jyoti Singh ruled that 'HP' remains the dominant feature of the mark, and certification indicators cannot be monopolized. This decision reaffirms the importance of consistent enforcement in protecting a brand's hard-earned goodwill against deceptive 'fig leaf' tactics in the fastener industry.

8 min read
patent

Delhi HC Denies Deuterated Drug Patent in Intra-Cellular

The Delhi High Court has dismissed an appeal by Intra-Cellular Therapies regarding a patent for deuterated psychiatric drug compounds. The court reaffirmed that a broad genus claim in earlier patents precludes novelty for specific species, even if not explicitly named. Furthermore, the judgment clarifies that evidence of improved bioavailability does not automatically satisfy the enhanced therapeutic efficacy requirement under Section 3(d) of the Patents Act. This decision serves as a crucial warning to pharmaceutical innovators that pharmacokinetic data alone is insufficient to support patent claims without proven clinical improvements in therapeutic outcomes.

8 min read
Copyright

Bombay HC Ruling on Logo Access and Reverse Passing Off

The Bombay High Court's ruling in Atyati v. Cognizant offers a masterclass in documenting independent creation for design marks. Justice Sharmila U. Deshmukh dismissed the copyright infringement suit, emphasizing that the 'reasonable opportunity of access' is a strict threshold that requires more than mere speculation. Furthermore, the court recognized reverse passing off as a viable legal claim in India, even while ruling against it on the facts. This decision is essential reading for companies undergoing rebrands, highlighting the importance of maintaining contemporaneous documentation to shield against claims of copying.

8 min read
AI & IP

Personality Rights in India: A Comprehensive Guide

Personality rights in India have evolved rapidly, transforming from a privacy-based concept under Article 21 to a robust framework protecting digital personas. With no specific statute, courts have built protections using copyright, trademark law, and the IT Act to combat deepfakes, voice cloning, and unauthorized commercial exploitation. This article examines the shift from celebrity-focused litigation to the inclusion of medical professionals and content creators. We analyze the critical roles of John Doe orders and dynamic injunctions, while highlighting the increasing necessity for clear legislative intervention to standardize enforcement across Indian High Courts.

16 min read
trademark

Allied and Cognate Goods in Trademark Infringement

In Indian trademark law, class boundaries are often secondary to the actual commercial connection between products. The doctrine of allied and cognate goods allows brand owners to challenge infringements even when items fall into different Nice classes. From the landmark Corn Products case to the recent GODFATHER decision, courts focus on trade channels, consumer overlap, and product usage to determine risk. This article explores how courts apply the anti-dissection rule and multi-factor tests to protect brand equity, providing a roadmap for practitioners managing cross-class trademark conflicts.

17 min read
Weekly IP Digest

Weekly Indian IP Law Digest: June 28 – July 4, 2026

Our latest IP law digest covers significant Indian and global developments. Highlights include the Delhi High Court's dynamic injunctions against rogue streaming websites and landmark rulings on SEP security deposits in the InterDigital v. Transsion litigation. We delve into personality rights regarding deepfakes, arbitration clauses in franchise agreements, and international disputes like the Nike-7-Eleven trademark clash. Additionally, learn about the Trademark Registry's upgraded search portal, new patent agent exam registration details, and Shopify’s trade secret settlement. Stay ahead with essential summaries of high-stakes litigation and administrative updates shaping the modern intellectual property landscape.

20 min read
patent

Indian Patent Law Guide: Filing, Costs, and Rights FAQs

Navigating the Indian Patents Act, 1970, can be complex for startups and researchers. This comprehensive FAQ covers the essentials of patentability, the differences between provisional and complete specifications, and the filing process under the latest 2024 Amendment Rules. Learn about expedited examination, renewal fees, and how to protect your intellectual property effectively. We also clarify critical concepts like compulsory licensing, patent infringement remedies, and the Bolar exception. Whether you are an inventor or a business owner, this guide provides the clarity needed to secure and enforce your patent rights in India.

12 min read
trademark

Trademark Renewal in India: Forms, Fees, and Timelines

Renewing a trademark in India requires careful adherence to timelines to avoid costly penalties or permanent removal from the Register. Under Section 25 of the Trade Marks Act, registrations last ten years from the filing date, not the certificate date. While Form TM-R is the standard for renewal, registrants often stumble over grace periods and restoration processes. Courts have consistently ruled that the Registrar cannot remove a mark without first issuing a mandatory Form RG-3 notice. This guide details the step-by-step renewal process, the 2025 fee structure, and critical risk mitigation strategies.

17 min read