The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act) fundamentally transforms India's nuclear patent landscape from categorical prohibition to conditional authorization. ​The Legacy Framework (Section 20(1) of the Atomic Energy Act, 1962) For over five decades, Section 20(1) imposed an across-the-board prohibition on patents for inventions in the atomic energy field. This encompassed reactor technologies, uranium enrichmen

Recently, on November 18, 2025, the Department for Promotion of Industry and Internal Trade (“DPIIT”), Ministry of Commerce and Industry, released draft guidelines for the use of the Geographical Indication (“GI”) Logo for comments and suggestions from the general public and concerned stakeholders. This comes in light of the Government of India’s process of developing comprehensive guidelines for the use of the GI logo. GI refers to an indication which identifies goods as agr

In C.A.(COMM.IPD-PAT) 10/2025, the Delhi High Court set aside the refusal of Indian Patent Application No. 202117029591 filed by Nippon Steel Corporation for an invention titled “High-Strength Steel Sheet and Manufacturing Method of High-Strength Steel Sheet”. The Controller had rejected the application on the ground that “proof of right” was not established for one deceased inventor, invoking Sections 6(1)(b), 6(1)(c) and 7(2) of the Patents Act to question Nippon Steel’s en

The ever flourishing cross-border trade and the expansion of global markets has led to shedding of more importance on parallel importation and effective implementation of ranging price gaps. If we were to understand the concept of exhaustion of a trade mark in simple terms, we would break it down as one of the limitations under the intellectual property law. Once any good which are protected by an IP right are smarketed- by an enterprise or by anyone else with the prior conse

In a recent judgment, a Division Bench of the Delhi High Court (“Court”) has served an important and timely reminder that damages must necessarily be based on evidence which proves that the claimant suffered actual loss, and that any calculation based on speculative assumptions would be liable to be set aside. The judgment came in an appeal by the Defendant/Appellant challenging a Trial Court decision where the Defendant’s mark “Amrit Nayan Jyoti” was found to be deceptivel

The Bombay High Court recently upheld an interim injunction granted by the District Court, Nagpur restraining Ifra Sheikh (“Appellant”) from using Mobile Bidi Traders’ (“Respondent”) registered trademark ONLINE BIDI. Before the District Court, the Respondent asserted that it is engaged in the manufacture and sale of bidis since 2005 and holds a valid trademark registration for the ONLINE BIDI mark since 2017, along with copyright registration for its label . As per the Res

In the modern world, a corporation’s primary competitive strength is less derived by its physical capital and more by its intangible assets. Among these, trade marks play a pivotal role in shaping brand identity, market presence, and long-term commercial value. This article explores the rising practice of leveraging trade marks as collateral, and how businesses can use the value of their brands to access funds. Trade Marks as Collateral: Concept and Method A trade mark wh

The Delhi High Court has, in a recent case, restrained Patanjali Ayurved Limited (“Patanjali”) from broadcasting a disparaging advertisement in a suit filed by Dabur India Limited (“Dabur”). Recently, Dabur came across an advertisement by Patanjali where it portrayed all Chyawanprash products as “ dhoka ” (deception) and implied that only Patanjali’s own Patanjali Special Chyawanprash represented the “true power of ayurveda”. Dabur submitted that the advertisement labe

In a recent order, the Delhi High Court granted ex parte interim relief in a trademark dispute filed by Novalife Consultancy Pvt. Ltd. (“Plaintiff”) against Mr. Bharat Sachdeva and his associated concerns Novvalife Karnal and Novvalife Sri Ganganagar (“Defendants”), concerning the use of the mark NOVVALIFE, which is deceptively similar to the Plaintiff’s registered mark NOVALIFE. The learned counsel for the Plaintiff contended that the Plaintiff, engaged in migration adviso

Recently, the Hon’ble High Court of Delhi, dismissed a plea filed by Suparshva Swabs India (“Appellant”), the manufacturer of cotton buds and hygiene products, seeking, inter alia, a decree of permanent injunction restraining AGN International & Ors. (“Respondents”) from using the mark TULIP or AGN TULIP in relation to perfumes, cosmetics, and allied goods, on the grounds of trademark infringement and passing off. One of the key grounds for rejection was that the Appellant fa

In the evolving landscape of commercial litigation in India, Section 12A of the Commercial Courts Act, 2015, has emerged as a pivotal procedural checkpoint. It mandates pre-institution mediation for all commercial disputes, unless the suit “contemplates any urgent interim relief.” This provision, while aimed at reducing litigation and promoting amicable resolution, has been a topic of contest in the realm of Intellectual Property Rights (“IPR”) litigation, where urgency is

The Delhi High Court recently decided a rectification petition filed by Ardo Medical AG, seeking cancellation of the trade mark ARDO Device, subject of Registration No. 4578111, in Class 44, in the name of M/s. SDB International. The petitioner, Ardo Medical AG, a Swiss company, engaged in development, production, and distribution of products for premature babies and newborns, has been operating under its mark for over 25 years. It uses and owns registrations for its mark i

The Supreme Court, in an appeal filed by Novenco Building and Industry A/S (“Novenco”) against the judgements passed by the Division Bench and Single Judge of the Himachal Pradesh High Court in favour of Xero Energy Engineering Solutions Pvt. Ltd. & Anr. (“Xero Energy”), held that in cases involving continuous infringement of intellectual property rights, the mandatory requirement of pre-litigation mediation can be waived when urgent relief is necessary to prevent public dece

Recently, the Delhi High Court dismissed the application filed by Dayal Industries Private Limited (“Defendant”), seeking permission to file a rectification petition against M/s Gopika Industries’ (“Plaintiff”) registered mark DYAL. The Plaintiff filed a suit, inter alia, alleging that its mark DYAL in Class 31 (dated April 4, 1996) has been infringed by the Defendant. In its written statement, the Defendant laid down four grounds: (a) it is the prior user of DAYAL, used for

Recently, the Hon’ble Delhi High Court directed the Trade Marks Registry (“Registry”) to remove a trade mark registration for the mark CROOSE (Stylized), owned by JNG Footstep Private Limited (“Respondent”), based on a cancellation petition filed by Crocs Inc. (“Petitioner”), based on its rights in the mark CROCS. It is the Petitioner’s case that its goods under the mark CROCS are sold worldwide, including India, since the last several years, for which it has obtained trade

In a recent decision, the Delhi High Court considered an application by Honasa Consumer Limited (“Plaintiff”), proprietor of The Derma Co. , seeking an interim injunction against Cloud Wellness Private Limited and its Director (“Defendants”), who market skincare products under DERMATOUCH mark with similar trade dress. The Plaintiff alleged copyright infringement and passing off, asserting that the Defendants had copied its distinctive two-tone packaging and overall trade dr

In an appeal against a Single Judge’s order denying an interim injunction, the Division Bench granted partial relief to Princeton University (“Appellant”) in its suit against The Vagdevi Educational Society and others (“Respondents”) from use of the PRINCETON mark in relation to any new institution during the pendency of the suit. The Single Judge had dismissed the Appellant’s motion for an interim injunction on the ground that the Appellant had failed to establish prio

Background A confidentiality club was first formed in India by the Delhi High Court in August, 2012, in a matter involving breach of...

Recently, a Division Bench of the Delhi High Court, while dismissing an appeal, upheld an order passed by a Single Judge of the Delhi...

In July 2025, the Indian Patent Office (IPO) released comprehensive new guidelines for examining Computer Related Inventions (CRIs)...

The Delhi High Court recently rejected an interim injunction sought by Wow Momo Foods Pvt. Ltd. (“Plaintiff”) against the use of the...