Tag: Calcutta High Court
October 14, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Pharmacyclics Continues the Divisional Applications Deb...
In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications....
August 7, 2025
Intellectual Property | Design
Intellectual Property | Design
Of informed users and dissected designs: The Delhi High...
What is the standard that decides whether a design is novel or not? The Delhi High Court clarifies that instructed eye or informed user test remains the primary standard in Indian design law....
May 27, 2025
Intellectual Property | Patent
Intellectual Property | Patent
India’s 20-Year Patent Term: Is Section 53 invincible?
The lifespan of your patent just got clearer. Understand what the Calcutta High Court's ruling on Section 53 means for your innovation....
May 13, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Testing the limits of the public health exception for p...
The Calcutta High Court, in a recent decision involving ITC, tested the extent to which the public health exception contained in Section 3(b) of the Patents Act, 1970, can be used to reject an application for a patent. ......
April 23, 2025
Intellectual Property | Patent
Intellectual Property | Patent
It’s not always patently obvious, Calcutta High Court w...
The Calcutta High Court in a recent case clarified important aspects pertaining to inventive step assessment and the admissibility of post-filing data. ......
March 13, 2025
Intellectual Property | Design
Intellectual Property | Design
Design Registration for GUIs
The registrability of graphical user interfaces (GUIs) has had a chequered past in India. This post discusses latest developments in this matter, including the fallout of a 2023 Calcutta High Court asking the Designs Office to reconsider an order rejecting the application for registering a GUI design. ......
January 27, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Are plant treatments to be treated as agriculture?: Ind...
The question of whether an invention for a method of treatment of plants is also a method of agriculture or horticulture, and therefore, excluded from patentability, has been laid to rest by multiple decisions of Indian high courts. This note discusses three recent cases from the Delhi and Calcutta High Courts, which discuss the applicability of Sections 3(h) and 3(i), and will significantly impact patent applications in this space. ...
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April 10, 2024
Dispute Resolution / Arbitration
Dispute Resolution / Arbitration
Challenging Legal Norms: Analysis of the EIMPA Judgment...
The legal landscape surrounding corporate disputes in India underwent a significant transformation with the enactment of the Companies Act, 2013 ("Act"). Section 430 of the Act delineates the exclusive jurisdiction of the National Company Law Tribunal ("NCLT") and the National Company Law Appellate Tribunal ("NCLAT"), prohibiting civil courts from adjudicating matters falling within the purview of these tribunals. ......
Revised ECB Framework: Borrowing From Tomorrow
The Reserve Bank of India (the “RBI”) has amended the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 through the Foreign Exchange Management ...
Startup India 2.0: A Deep Tech Reset
The Indian government has updated the definition, eligibility criteria, recognition process, and compliance framework for startups, and introduced a new category ...
Limits of Director Liability: The Supreme Court on Piercing the Corporate Veil during Exec...
The corporate veil acts as a legal metaphor for the protective barrier that separates a company's obligations and liabilities from the personal assets of the individuals ...
Riyadh Ready: Harmonising India’s Design laws with Global Standards
Following India becoming a signatory to the Riyadh Design Law Treaty (“DLT”), discussed here, the Department for Promotion of Industry and Internal Trade (DPIIT) has released ...
The Hirotsu decision: India tightens the screws on diagnostic patents
The law on the patentability of diagnostic methods in India is very clear: they are not patentable under Section 3(i) of the Indian Patents Act, 1970. Over the last few years, the jurisprudence surrounding this exception to ...
India’s New Deepfake Regulation: MeitY Notifies Amendments to Information Technology...
On February 10, 2026, the Ministry of Electronics and Information Technology ("MeitY") notified the Information Technology (Intermediary Guidelines and Digital Media Ethics ...
The Registrar’s “Undo” Button: The Lambretta case and Section 19 of India’s Trademark Act
Trademark disputes rarely move in straight lines. Sometimes, well before a mark becomes opposition-worthy, disputes around ownership may emerge.
Data Protection as a Closing Condition: Rethinking Risk Allocation in Indian Tech Deals
Data protection has historically been considered a compliance issue during transactions, which is generally identified during diligence and only tackled after closing ...
Limits of Claim Construction: Preamble vs. Characterising Clauses in Indian Patent Dispute...
Claim construction is an important aspect of infringement analysis. In several jurisdictions, such as the United Kingdom, Germany, and the European Union...
Urgency in IP Suits: No more Pre-Institution Mediation Hurdles in India?
In a jurisdiction beset by large volumes of litigation, litigating parties must naturally be encouraged to explore alternate means of dispute resolution.
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