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Articles

Analysing the Delhi High Court’s Judgment in Microsoft Technology Licensing LLC vs Assistant Controller of Patents

May 25, 2024June 7, 2024 LexOrbis Articles, Patent
Analysing the Delhi High Court’s Judgment in Microsoft Technology Licensing LLC vs Assistant Controller of Patents

It is evident that the IP framework of the country is currently undergoing a significant transition. Among other factors, this could primarily be […]

Amendments under Section 59(1) of the Patents Act, 1970 to Pass Rigours of Six Benchmarks

May 14, 2024 LexOrbis Articles, Patent
Amendments under Section 59(1) of the Patents Act, 1970 to Pass Rigours of Six Benchmarks

The Delhi High Court, in its recent decision dated February 5, 2024, succinctly summarised the key benchmarks and parameters which amendments under Section […]

Delhi High Court Protects ‘NOVA’ Trademark: Grants Permanent Injunction Against ‘NOVYA’ Imitation

May 14, 2024 LexOrbis Articles, Trademark
Delhi High Court Protects 'NOVA' Trademark: Grants Permanent Injunction Against 'NOVYA' Imitation

On February 7, 2024, in the case of Sterling Agro Industries Limited vs M/S ASR Trading Company & Ors. CS(COMM) 148/2019, I.A. 4158/2019, the Delhi […]

Hershey’s vs Atul Jalan – Scope of ‘First Sale’ Doctrine in Trademark Infringement

May 14, 2024 LexOrbis Articles, Trademark
Hershey’s vs Atul Jalan - Scope of ‘First Sale’ Doctrine in Trademark Infringement

Chocolate maker has day in court over damage to brand from party selling its expired products An injunction was filed before Delhi High […]

Infringer not such a live wire after all

May 10, 2024 LexOrbis Trademark, Articles
Infringer not such a live wire after all

In the recent case of Havells India Limited v Azad Singh, Delhi High Court granted a temporary injunction in favour of the plaintiff, restraining the […]

Interpretation of Section 3(i) after The Chinese University of Hong Kong Case

May 8, 2024 LexOrbis Articles, Patent
Interpretation of Section 3(i) after The Chinese University of Hong Kong Case

The Patent eligibility of diagnostic methods in India must cross the bar on its patentability introduced in 2002 amendments when after the word […]

Mere Juxtaposition of Prior Arts Not Sufficient to Establish Obviousness!

May 6, 2024 LexOrbis Articles, Patent
Mere Juxtaposition of Prior Arts Not Sufficient to Establish Obviousness!

The Delhi High Court, in Nhk Spring Co Ltd vs Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 296/2022] appeal case, examined the importance of the […]

Serendipitous Invention – Teflon

May 2, 2024 LexOrbis Articles, Patent
Serendipitous Invention - Teflon

Introduction: The Three Princes of Serendib, where Serendip is the Classical Persian name for Sri Lanka, is a fairy tale in which the […]

Order Reserved: Pronouncement Of Decision Not To Go Beyond Six Months

May 1, 2024 LexOrbis Articles, Patent
Order Reserved: Pronouncement Of Decision Not To Go Beyond Six Months

The Patents Acts in all jurisdictions have strict timelines. Missing the statutory times by the applicant leads to adverse consequences like the application […]

Dispensing with Advance Service for Overarching Consideration of Justice, equity or Public Interest

May 1, 2024May 1, 2024 LexOrbis Articles, Patent
Dispensing with Advance Service for Overarching Consideration of Justice, equity or Public Interest

More often than not, in a commercial suit, the plaintiff always moves an application for an exemption and does not effect an advance […]

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  • Walking The Lines Between Trade Dress And Design Rights: Crocs’ Battle To Protect Its Distinct Design And Shape October 6, 2025
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