Intellectual Property Rights Archives

Sun Pharma Laboratories Ltd. V. Finecure Pharmaceuticals Ltd. & Ors.: Case Analysis

Facts Sun Pharma Laboratories has manufactured and sold a Pantoprazole-based anti-acidity drug under the mark “PANTOCID” since 1999, with related variants like PANTOCID-DSR and PANTOCID-L. Its registration application was filed in February 1998 and granted in 2012, after surviving an opposition by Atlanta Pharma A.G. (Takeda’s successor), whose own earlier “proposed to be used” application […]

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Procuring Rights, Protecting Privacy : IP Ownership in Sound Recording

Intellectual Property Rights

Sound recording law is a combination of copyright, contract, privacy and new technology regulation. The law on sound recordings has undergone a major change due to the evolving music market and technological developments that have accelerated over the years. This article discusses the legal framework of IP rights in sound recordings as provided by the

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Philips v. Amazestore: Design Piracy & Trade Dress Damages

Intellectual Property Rights

In an era where intellectual property infringement is no longer merely about, copying products but also their designs, packaging, artistic works, and significant marketing materials, the Delhi High Court’s decision in Koninklijke Philips N.V. & Anr. v. Amazestore & Ors. CS(COMM) 737/2016 & CS(COMM) 1170/2016 stands as a notable case in Indian intellectual Property law.

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Trademarking Numerals : Delhi HC’s ‘2929’ Ruling

Intellectual Property Rights

The order of Hon’ble High Court of Delhi in the case of Vineet Kapur v. Registrar of Trade Marks passed on April 25, 2025, is a noteworthy progress in Indian trademark law, specifically with regard to the registrability of number marks. The case involved the appeal made by the appellant for registration of the mark

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Doctrine of Foreign Equivalents under (Indian) Trade Marks Law

Intellectual Property Rights

The foreign equivalents doctrine is a rule in U.S. trademark law that requires courts and the Trademark Trial and Appeal Board (TTAB) to translate foreign words when evaluating their suitability for trademark registration or possible confusion with existing registered marks. This translation is crucial for assessing the registrability of a trademark. The principle seeks to

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Understanding the Madrid System for International Trademark Registration

Intellectual Property Rights

Why Register Your Trademark Internationally? In today’s globalized economy, protecting your brand internationally is more critical than ever. The Madrid System, administered by the World Intellectual Property Organization (WIPO), offers a streamlined, cost-effective solution for businesses seeking trademark protection in multiple countries. This post will explore the benefits, application process, and strategic advantages of using

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Law of Geographical Indications & Plant Varieties in India

Intellectual Property Rights

A geographical indication (GI) is an indication, whether in the form of a name or sign, used on goods that have a specific geographical origin and possesses qualities or a reputation that are due to the place of origin. Geographical indications are valuable rights, which if not adequately protected, can be misused by dishonest commercial

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The Dichotomy Of Registered and Permitted Users Under The Trade Marks Act, 1999

Intellectual Property Rights

Introduction The creation of a trademark results in the rise of certain proprietary rights, which can be exclusively exercised by the proprietor. These exclusive rights do not only provide them with the unequivocal authority to utilize and employ their mark, but also the exclusionary authority to control and regulate its use by any other entity.

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Arbitrability in Intellectual Property Disputes: A Balanced Approach

Arbitrability Of IPR Disputes: A Balanced Approach

Arbitration & Dispute Resolution, Intellectual Property Rights

Prior to dealing with the conundrum of the arbitrability of the disputes relating to the Intellectual Property Rights (hereinafter also referred as “IPR”) in India, let us first understand the concept of IPR. The term “Intellectual Property Rights” has not been defined under any Indian statute. As per the World Intellectual Property Organization (WIPO), Intellectual

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Administrative Remedies against IPR Violations

Intellectual Property Rights

Border Control Measures Enforcement under the (Indian) Customs Act, 1962[1] The Government of India under Section 11 of the (Indian) Customs Act, 1962, is empowered to prohibit importation and exportation of goods of specified description, if it deems necessary to do so. The provision, inter alia, empowers the government to prohibit the import or export

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