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Author: LexOrbis

Due Process of Law Must be Followed by the Registrar While Examining Requests for Recordal of New Proprietor in Trademark Register

July 2, 2024 LexOrbis Articles, Trademark
Due Process of Law Must be Followed by the Registrar While Examining Requests for Recordal of New Proprietor in Trademark Register

The order in the case of Electronica India Ltd vs Electronica Hitech Machines Pvt Ltd & Ors arises out of two Commercial Miscellaneous […]

Serendipitous Invention – Vulcanisation of Rubber

July 2, 2024 LexOrbis Articles, Patent
Serendipitous Invention - Vulcanisation of Rubber

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

Remedy Available to Pre-grant Opponent after Rejection of the Opposition: A Case Study

July 2, 2024 LexOrbis Articles, Patent
Remedy Available to Pre-grant Opponent after Rejection of the Opposition: A Case Study

A Pre-grant patent opposition proceeding provides a kind of check and balance in refining the quality of patents being granted. Some of the […]

Bombay High Court Grants Relief to Pidilite in a Trademark and Trade Dress Infringement Matter

July 2, 2024 LexOrbis Articles, Trademark
Bombay High Court Grants Relief to Pidilite in a Trademark and Trade Dress Infringement Matter

In an interim application filed by Pidilite Industries Ltd. (“plaintiff”), the plaintiff is seeking a temporary injunction to prevent Dubond Products India Pvt. Ltd. […]

The Legal Challenges in Software Inventions: Insights into Section 3(k) of Indian Patents Act, 1970

July 2, 2024 LexOrbis Articles, Patent
The Legal Challenges in Software Inventions: Insights into Section 3(k) of Indian Patents Act, 1970

The Delhi High Court, in Microsoft Technology Licensing, LLC vs Assistant Controller Of Patents And Designs [C.A.(COMM.IPD-PAT) 185/2022] appeal case examined the importance […]

Refusal of patent over changing scope of claims

July 1, 2024 LexOrbis Articles, Patent
Refusal of patent over changing scope of claims

In the case of Ovid Therapeutics, Inc v Assistant Controller of Patents and Designs, Delhi High Court held that a patent application was ineligible […]

Phonetic Similarities and Cancellation Petitions

June 29, 2024 LexOrbis Articles, Trademark
Phonetic Similarities and Cancellation Petitions

The Delhi High Court adjudicated upon a cancellation petition filed by GSK Consumer Healthcare (hereinafter referred to as the “Plaintiff”), predicated upon the […]

The Triumph of Himalaya Global Holdings over Mark “LIV.52”

June 29, 2024July 5, 2024 LexOrbis Articles, Trademark
The Triumph of Himalaya Global Holdings over Mark “LIV.52”

The legal battle between Himalaya Global Holdings and Rajasthan Aushadhalaya Private Limited culminated in a significant court order on May 24, 2024. This […]

Delhi High Court Rules in Favour of “KARIM’S” in Trademark Infringement Case Against “KARIN’S”

June 29, 2024 LexOrbis Articles, Trademark
Delhi High Court Rules in Favour of "KARIM'S" in Trademark Infringement Case Against "KARIN'S"

The plaintiffs, proprietors of the registered trademark “KARIM’S,” filed a suit contending that the defendants, by using a nearly identical mark “KARIN’S,” were […]

Patent Eligibility of Composition Claims under Section 3(i)

June 29, 2024 LexOrbis Articles, Patent
Patent Eligibility of Composition Claims under Section 3(i)

Recently, the Delhi High Court in Bayer Pharm Aktiengesellschaft (“appellant”) v Controller General of Patents (“respondent”) [2024:DHC:2395] elucidated the role of working examples […]

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