Market Insight

Market Insight updates, published weekly, are written by experts from around the world and provide short, timely digests of the latest developments – from court cases to fresh legislation – as well as focused analysis of particular industry challenges and activities.

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India

14 FEBRUARY 2024

Delhi High Court division bench restores PepsiCo’s plant variety registration in judgment reversal

After having an appeal dismissed in a single-judge ruling, PepsiCo has finally reclaimed protection for its potato variety, which is used for making Lays crisps. The long-running case is spotlighting issues that can arise when entities take a casual approach to procedural compliance.

07 FEBRUARY 2024

Successful Novartis appeal provides critical clarification on India’s pre-grant opposition process

A Delhi High Court decision has highlighted that the pre-grant process can be abused by parties attempting to derail applications. The division bench has clearly distinguished between the examination and opposition processes, which should streamline the handling of pre-grant oppositions while safeguarding the interests of both sides.

13 DECEMBER 2023

Delhi High Court defines enhanced therapeutic efficacy in setting aside Indian Patent Office refusal order

In a pharmaceutical prosecution case, the Delhi High Court has issued a decision that provides much-needed clarity on Section 3(d) of the Patents Act. The ruling will serve as a useful guide for prosecuting future life science patent applications.

29 NOVEMBER 2023

Delhi High Court addresses the idea-expression distinction in copyright dispute

An infringement case between two online storytelling sites has highlighted the difference between ideas and expressions, and their eligibility for copyright protection.

15 NOVEMBER 2023

Graphical user interface protection struggling despite promising Calcutta High Court decision

While a fresh decision is a positive step forward for GUI protection, it clashes with the Designs Office's stance, which is becoming increasingly outdated. In order to keep up with today’s business reality, the Indian Designs Act is in dire need of a serious overhaul.

08 NOVEMBER 2023

Delhi High Court  clears up legislative ambiguity on divisional applications

The division bench’s opinion in Syngenta clarifies the language of Section 16(1) of the Patents Act and offers much-needed clarity when it comes to examining and prosecuting divisional applications at the Indian Patent Office.

18 OCTOBER 2023

Delhi High Court and Indian Patent Office clash over novel hardware features requirement

The Indian Patent Office’s refusal of a software patent application has been overturned on appeal by the Delhi High Court as the office relied on an outdated set of guidelines for computer-related inventions in its reasoning.

04 OCTOBER 2023

Delhi High Court underscores importance of strict adherence to procedural rules in post-grant oppositions

The Delhi High Court has stated that if an opponent misses the opportunity to file evidence in the form of an affidavit along with its opposition notice, it cannot file evidence when filing a rejoinder. The judgment underlines the intricacies related to post-grant opposition requirements and emphasises how critical it is to obey these to the letter.

06 SEPTEMBER 2023

Delhi High Court clarifies scope of product-by-process claims in landmark pharma ruling

In a first-of-its-kind judgment, the Delhi High Court has refused to grant an interim injunction against the defendants, stating that their process did not infringe the plaintiff’s patent that had constituted a ‘product-by-process’ claim. The patent community is hoping for a more detailed order after the trial, as this will provide much-needed clarity on the scope of product-by-process claims.

23 AUGUST 2023

Film dispute highlights that India must reconsider its approach to posthumous personality rights rules

There is a distinct lack of global harmonisation when it comes to the regulation of posthumous personality rights, which are primarily governed by case law across different jurisdictions. Against this backdrop, it is crucial that India considers introducing clear legislation to protect not only personality but also privacy rights as the value and exploitation of celebrity continues to grow.

16 AUGUST 2023

PepsiCo’s potato variety loses protection following Delhi High Court ruling

With incorrect information newly exposed, PepsiCo warns against a casual approach towards procedural compliance as this can lead to revocation of registration. The plant variety protection case emphasises how crucial it is to pay close attention to all requirements when applying for IP rights.

09 AUGUST 2023

Delhi High Court rules on intricate underlying rights ownership in film dispute

A cinematographic film comprises many independent creations, all of which qualify for independent protection and fall into several categories. RDB v HARPERCOLLINS highlights that the first owner of copyright must ensure that all rights in work created under a contract for service are specifically and individually assigned.

02 AUGUST 2023

Nokia v Oppo and CCI jurisdiction decisions set new benchmarks for SEP jurisprudence

The Delhi High Court’s division benches have delivered noteworthy judgments in Nokia v Oppo and in the decision that the CCI lacks jurisdiction to investigate patent-related issues. These rulings are good news for SEP holders and innovators and raise the standards for Indian patent adjudication.

19 JULY 2023

Indian Patent Office’s pre-grant opposition rejection proves promising for patent jurisprudence

In granting a patent for high-tenacity cellulosic regenerated fibre, the Indian Patent Office maintained that the plaintiff failed to provide sufficient evidence of prior publication and that the invention involved an inventive step. This well-reasoned judgment highlights a trend of improvements in India’s patent jurisprudence.

21 JUNE 2023

Why utility models could be crucial for domestic SME innovation in India

While various government initiatives have been successful in growing the number of patent filings in the past two years, sizeable hurdles remain. Utility models could be a game-changing option and to encourage more domestic innovation and R&D.

14 JUNE 2023

The Delhi High Court IP Division’s first year has transformed Indian IP jurisprudence

The number of IP filings at the Indian IP Office is increasing substantially and there has been a sharp surge in IP litigation. Against this backdrop, the creation of the IP Division has already transformed jurisprudence in India and there is no sign of the pace of change slowing down.

24 MAY 2023

Diabetes drug ruling attempts to provide clarity amid pharma enforcement struggle

Pharma companies in India are struggling to enforce compounds that are covered by both genus and subsequent species patents. While the latest case involved a series of injunctions being vacated, the patent community is still unsatisfied by the lack of concrete judgments on this issue.

10 MAY 2023

Landmark suit explores right of publicity as it relates to NFT digital playing cards

In a precedent-setting case, a high court has refused an interim injunction in a case where the defendants’ use of digital player cards allegedly resulted in unfair competition and violation of the personality rights of well-known cricket players.

03 MAY 2023

Amended rules provide clarity for intermediaries on online gaming in India

As India’s new online gaming regime shapes up, it appears that the industry will be largely left to self regulate, although the latest amended rules do set out a list of criteria that intermediaries, such as the Play Store and App Store, will have to meet.

26 APRIL 2023

Proposed Digital India Act to overhaul outdated legislation

As part of its mission to become a trillion-dollar digital economy by 2025, the Indian government has proposed the new Digital India Act, which aims to develop an open, safe and trustworthy digital ecosystem as a means of encouraging local and foreign start-ups to enter the Indian tech space.

12 APRIL 2023

Delhi High Court limits confidentiality club access to information

In the pending SEP/FRAND proceedings between Vivo and Philips, the court’s focus on relevancy strikes a balance between access to crucial information and protection of information that is not yet relevant to the case.

15 MARCH 2023

Indian Patent Office and Delhi High Court at odds over lack of sufficient reasoning in landscape-shaping decisions

The Delhi High Court has had to raise natural justice principles with the Patent Office in multiple 2022 cases, a crucial reminder that parties must be provided with fair opportunities and rulings backed with reasonable explanations.

01 MARCH 2023

Natural justice redefined and reinforced in key 2022 decisions against the Patent Office

Last year saw many decisions that could well have a lasting impact on the Indian prosecution landscape. The Delhi High Court continued to display its strength as it went head-to-head with the Indian Patent Office in several landmark rulings.

22 FEBRUARY 2023

Critical 2022 high court decisions shaping the Indian prosecution landscape

The abolishment of the IPAB in 2021 sparked doubts about whether India’s high courts could handle the heavy case load. However, the Delhi High Court continues to prove its ability to stand strong as it rules on claim amendments and divisional applications.

15 FEBRUARY 2023

Delhi High Court challenges Indian Patent Office’s refusal order in landmark pharma ruling

In a decision involving patent amendment claims in pharmaceutical applications, a high court has held that patent law is intended to foster innovation, research, technology and industrial progress and that the Indian Patent Office’s recent interpretation of Section 59 of the Patents Act directly opposes this view.

08 FEBRUARY 2023

Delhi High Court tackles online piracy in landmark cyber-locker case

In a significant precedent, global entertainment giant Universal City Studios has succeeded in securing injunctions again 13 defendants for copyright infringement. The defendants include several cyber-lockers – third-party online services that providing file-storing and sharing services.

01 FEBRUARY 2023

Delhi High Court holds that known substances must be clearly identified

The onus of identifying known substances in pharmaceutical patent applications is on the Indian Patent Office, according to a new ruling, which provides fresh clarity for prospective applicants.

30 NOVEMBER 2022

Filing trends reveal how India is keeping pace with the EV revolution

India is witnessing the development of robust EV charging infrastructure in response to a series of government initiatives designed to support the country’s rapid EV adoption objective.

16 NOVEMBER 2022

Food for thought: complexities behind protecting food-related intellectual property in India

The lack of specific trade secret legislation and definition of a ‘fixed form’ in India presents challenges to how edible creative work can be protected.

09 NOVEMBER 2022

Government initiatives spark Indian Patent Office overhaul

The Indian government’s constant focus on strengthening the country’s IP ecosystem has brought about major improvements in the way that patents are filed, prosecuted and enforced – but more still needs to be done.

02 NOVEMBER 2022

Court overturns interim injunction in telecom patent prior art dispute

A Delhi court has vacated an interim ex parte injunction and asserted that the use of the same language is unnecessary in prior art for it to defeat novelty or to show a lack of inventive step.

07 SEPTEMBER 2022

An unwelcome bend in jurisprudence for patent composition claims?

A recent judgment from the Delhi High Court emphasises procedural irregularities and denial of principles of natural justice resulting from the controller issuing a non-speaking order in a case involving non-patentable subject matter.

31 AUGUST 2022

Protection of personal data – the journey starts again

The Indian government has recently withdrawn the Data Protection Bill as a result of recommended changes made by the Joint Parliamentary Committee. This followed opposition from various stakeholders in relation to numerous provisions of the bill.

24 AUGUST 2022

The rise of EV patents in India

IP filings in EV-related technologies will likely see a rapid increase to keep pace with the expansion of the sector, and will be critical both in reducing carbon emissions and in powering economic growth.

20 JULY 2022

Indian 5G patent filings hit unprecedented levels

India is rapidly emerging as a leading jurisdiction for filing and securing patents on 5G-related technology. Applications in the space have risen steadily in recent years, with further filings anticipated by the end of 2022.

29 JUNE 2022

Delhi High Court reaches landmark decision on patent examination report deadlines

The court’s ruling means that delays in responding to examination reports may be permitted when it is clear that an applicant does not intend to abandon their patent application and an unfavourable result is due to negligence on the part of the prosecuting agent.

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