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patent

Defining Section 3(m) Patentability: Delhi HC’s New 7-Step Test

The Delhi High Court has established a definitive seven-step test to evaluate Section 3(m) patent objections, clarifying the exclusion of mental acts and abstract methods. This framework ensures that examiners distinguish between patentable technical solutions and non-patentable mere schemes or rules under the Indian Patents Act. By incorporating principles from European Patent Office jurisprudence, the Court provides a structured methodology for assessing whether claimed innovations involve physical means integral to performance. This development reduces uncertainty for patent applicants and provides a consistent standard for navigating the exclusion of mental acts.

10 min read
trademark

Trademark Renewal Disputes: Delhi HC Clarifies Parties

The Delhi High Court has ruled that trademark renewal disputes remain strictly bilateral matters between the registrant and the Registry, barring third parties from using impleadment to interfere. In Cipla v. Union of India, the court clarified that renewal does not adjudicate ownership or validity, and therefore cannot be challenged via writ petition by competitors. Any party aggrieved by a mark's continued existence must instead follow the statutory route of a rectification application under Section 57 of the Trade Marks Act 1999, ensuring judicial efficiency and the finality of administrative renewals.

8 min read
Copyright

TVS Motor v. Maurya: Delhi HC Curbs Groundless IP Threats

Groundless threats of copyright infringement are not legally sustainable when the claimant fails to identify specific expression rather than just underlying ideas. The Delhi High Court ruling in TVS Motor v. Ram Chandra Maurya affirms that repeatedly issuing notices for rejected claims qualifies as harassment, not litigation. To survive a Section 60 Copyright Act challenge, a notice must prove actual copying of expression. This judgment serves as a protective benchmark for Indian manufacturers facing persistent, bad-faith copyright threats regarding mechanical designs or industrial processes that do not infringe protected literary works.

8 min read
Copyright

Dynamic Anti-Piracy Blocking Orders in Madras High Court

Dynamic anti-piracy injunctions have become an essential procedural tool for protecting Indian cinema revenue during the critical opening weeks of a film's release. By allowing plaintiffs to notify ISPs of newly discovered mirror sites without recurring court appearances, the Madras High Court in Zee Entertainment v. BSNL demonstrates how judicial intervention addresses the rapid proliferation of pirate links. These quia timet orders, supported by CBFC certification and indemnity conditions, ensure that copyright holders can act effectively against digital infringement while maintaining procedural fairness for all internet service providers involved.

8 min read
patent

Delhi HC Directs Pro Tem Security in InterDigital vs Transsion

The Delhi High Court's recent pro tem security order in InterDigital v. Transsion underscores India's evolving role in Standard Essential Patent (SEP) enforcement. By clarifying that infringement need not be proven at the pro tem stage, the court has lowered the barrier for SEP holders to secure financial deposits. The ruling affirms that neither an implementer's robust financial health nor the absence of third-party licence data prevents the court from ordering security. This decision cements the 'one-fifth of counter-offer' formula as a standard, reinforcing India as a critical venue for global SEP litigation.

8 min read
trademark

ZARA vs ZORA: Delhi HC Clarifies Anti-Dissection Rule for Trademarks

In Industria De Diseno Textil v. Registrar, the Delhi High Court reaffirmed the anti-dissection rule for trademark comparison, explicitly rejecting the Registrar's practice of isolating syllables. The judgment confirms that phonetic and visual similarity must be assessed through the overall impression of the mark. Crucially, it clarifies that well-known trademark status under Section 11(2) requires substantive evidence rather than a prior formal declaration. This establishes a high bar for applicants seeking registration of marks phonetically similar to established brands, regardless of the goods or services involved.

7 min read
Copyright

Keshan Infotech vs Oliver Brandt: AI Training and Copyright Law

The conflict between the Madras High Court in Keshan Infotech and the Delhi High Court in ANI Media reveals a judicial divide on AI training copyright. While ANI suggests fair dealing under Section 52 for LLM development, Keshan Infotech granted an interim injunction against scraping for AI training. This divergence highlights that courts weigh procedural posture and specific evidence of misappropriation—such as logo retention—differently. For Indian litigants, the current landscape necessitates a fact-specific approach, as the definitive legal framework for AI data usage remains under active judicial development.

8 min read
patent

Delhi HC Sets Pharma Patent Standards on Section 3(d) and 3(i)

The Delhi High Court has clarified that a patent refusal must contain granular reasoning rather than generic objections. In Array Biopharma v. Deputy Controller, the court ruled that a rejection under Section 3(d) of the Patents Act, 1970 requires a specific, named prior art compound, while Section 3(i) exclusions cannot be invoked against product claims based on dosing descriptions in the specification. This decision provides pharmaceutical patent applicants with a vital legal standard to challenge arbitrary Controller orders, ensuring that the Patent Office adheres to established procedural rigour when evaluating inventive step and therapeutic exceptions.

8 min read
trademark

Columbia Pictures vs Ghost Busters: Delhi HC on Well-Known Marks

The Delhi High Court clarified in Columbia Pictures v. Registrar of Trade Marks that a formal well-known trademark declaration under Rule 124 is not a prerequisite for invoking Section 11(2) of the Trade Marks Act, 1999. The judgment confirms that oppositions can rely on substantive reputation evidence to prevent registration of similar marks on dissimilar goods. By distinguishing the Nandhini Deluxe principle, the court safeguards coined, arbitrary marks from dilution. This ruling empowers brand owners to protect their reputation globally by demonstrating well-known status directly during standard opposition proceedings.

8 min read
Copyright

AI Training is Fair Dealing: Delhi HC on ANI v. OpenAI

The Delhi High Court's ruling in ANI v. OpenAI clarifies that training Large Language Models (LLMs) on publicly available data qualifies as 'fair dealing' under Section 52(1)(a) of the Copyright Act, 1957. The court rejected an interim injunction, holding that such training is transformative, socially beneficial, and does not constitute a market substitute for news content. Crucially, it established that 'research' exceptions are not limited to non-commercial contexts or human actors. This decision provides significant legal breathing room for AI development in India while maintaining existing protections against literal reproduction.

10 min read