An Advocate enrolled on the rolls of the Bar Council of the State of Andhra Pradesh. What started as curiosity about how the law protects ideas, brands, inventions, and creative works gradually developed into a genuine passion for studying and explaining IP law, inspiring me to pursue a Masters degree (LL.M.) in Intellectual Property Rights (IPR).
The Delhi High Court’s ruling in Crocs v. Bata reinforces that actual litigation costs in commercial disputes must reflect real expenses incurred, effectively deterring frivolous IP litigation. By awarding Rs. 24.63 lakh in costs under Section 35 of the Code of Civil Procedure and the Commercial Courts Act, the Court has signaled that losing parties cannot expect token penalties. This decision shifts the economic burden of protracted design battles, compelling litigants to verify the novelty and registrability of their IP under the Designs Act 2000 before initiating enforcement proceedings.
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.
The Bombay High Court has mandated that patent refusals must be substantiated by specific references to common general knowledge, rejecting the practice of using it as a generic assertion. In Deepak Nitrite Limited v. Assistant Controller of Patents, the court held that a reasoned order under the Patents Act 1970 must identify the source, date, and relevance of evidence used to deny inventive steps. Controllers are required to assess claims as an integrated whole rather than dissecting individual steps, ensuring applicants receive a fair and transparent examination of their patent applications.
Corporate restructurings often leave subsidiaries holding legacy brand names that belong to the parent entity. When permissive use expires, the subsidiary must cease all branding activity associated with the trademark. As affirmed by the Bombay High Court, goodwill generated under a licensed mark exclusively accrues to the registered proprietor. Claiming independent prior use under Section 34 of the Trade Marks Act is legally inconsistent if the party has already admitted to using the mark with the owner's permission, leading to an inevitable injunction.
Justice Jyoti Singh’s order in Landmark Crafts v. Shalini Garg confirms that appending certification marks like ISI to a registered trademark cannot create distinctiveness or evade infringement claims. By granting an ex parte ad interim injunction, the Delhi High Court reaffirmed that courts assess the overall impression of a mark, focusing on its dominant features. This case provides a clear roadmap for practitioners on leveraging Section 12A of the Commercial Courts Act to skip pre-institution mediation when a defendant's conduct demonstrates clear urgency and bad faith.
The Delhi High Court's decision in Intra-Cellular Therapies reaffirms that pharmaceutical patents for deuterated compounds must meet strict novelty and efficacy standards. Specifically, demonstrating improved pharmacokinetics, such as higher bioavailability, does not satisfy the 'enhanced therapeutic efficacy' threshold required by Section 3(d) of the Patents Act 1970. The court clarified that coverage in a broad genus patent anticipates species claims, limiting the ability of originators to 'serial parent' drug molecules. Patent applicants must provide clinical evidence of improved patient outcomes to overcome Section 3(d) rejections in the Indian Patent Office.
Establishing copyright infringement requires proving a reasonable opportunity of access, not merely a theoretical possibility. The Bombay High Court ruled that large multinational corporations cannot be assumed to have copied a logo based on workforce size, emphasizing that contemporaneous evidence of independent creation—such as design briefs, time logs, and market surveys—is essential for defense. Furthermore, while the Court acknowledged reverse passing off as a valid claim under Section 27(2), it maintained that such a claim fails if the senior user lacks distinct, standalone goodwill in the logo itself.
Indian personality rights have evolved from a constitutional interpretation of Article 21 into a robust, judge-made property framework. Courts now routinely grant John Doe and dynamic injunctions to protect celebrities, medical professionals, and content creators against AI-generated deepfakes and unauthorised commercial use. By synthesizing Copyright Act performer rights with trademark passing-off principles, the Delhi High Court has bridged legislative gaps, offering urgent relief against digital impersonation. This framework serves as a critical shield for protecting reputation, dignity, and commercial goodwill in the rapidly expanding digital landscape.
Allied and cognate goods represent a vital doctrine in Indian trademark law, enabling protection for marks across different Nice Classes where a trade connection, common consumer base, or complementary end-use exists. Courts determine infringement under Section 29 of the Trade Marks Act 1999 by assessing commercial reality rather than administrative class boundaries. Decisions such as Devans Modern Breweries establish that even dissimilar products like beer and whisky can be considered cognate if documented business practices and distinct brand reputations demonstrate a likelihood of confusion, rendering the anti-dissection rule a key tool for protecting composite marks.
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.
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