Intellectual Property

On 14 December 2018, the special bench of the Hon’ble High Court of Delhi, comprising five judges (Special Bench), delivered a landmark judgment in Carlsberg Breweries a/s v Som Distilleries and Breweries Limited, C.S.(COMM) 690/2018 on the maintainability of a composite suit of design infringement and passing off. The Special Bench, on a thorough examination of precedents and statutory law in relation to such suits, overruled the judgment of the full bench of the Hon’ble High Court of Delhi, comprising three judges, in Mohan Lal v.

The Ministry of Commerce and Industry has published Draft Patent (Amendment) Rules, 2018 (Draft Rules) for objections and suggestions. The key highlights of the Draft Rules are broadly set out below:

In Fermat Education v Sorting Hat Technologies P. Ltd. [CS(OS) 330 of 2018], the Madras High Court (Court) dealt with a copyright infringement dispute relating to educational materials uploaded on an intermediary platform.

Recently, the Delhi High Court, in the matter of Koninklijke Philips Electronics N.V. (Plaintiff) v Rajesh Bansal and Ors (Defendants), after duly conducting and concluding a trial in the suit has passed a decree in favour of the Plaintiff for infringement of its standard essential patent (SEP).

In Cargil India Private Limited v M/s. M.M. Oil Enterprises(Notice of Motion No 1107 of 2019 in COMIP No. 425 of 2017), the Bombay High Court (Court) has once again passed a notable order whereby the Court imposed a sentence of 8 weeks simple civil imprisonment upon the proprietor of M/s. M.M. Oil Enterprises(Defendant) who was found in contempt of the orders passed by the Court.