Judgments On Intellectual Property Rights Cases

Posted by Sunbrio N on August 3rd, 2018

 Judgments on Intellectual Property Rights protecting infringement troubles, Speedy Trial of such instances, Spurious Drugs, Registered Trade Mark & Registration of a drug as imaginative. 

  • Novartis v. Union of India [CIVIL APPEAL Nos. 2706-2716 OF 2013 (ARISING OUT OF SLP(C) Nos. 20539-20549 OF 2009]

IPR Law- Rejection of a patent for a Drug which was not ‘inventive’ or had a superior ‘efficacy’:-

Novartis filed a utility to patent one among its drugs called ‘Gleevec’ by covering it under the word invention noted in Section 3 of the Patents Act, 1970. The Supreme Court rejected their utility after a 7-yr lengthy war via the usage of giving the following reasons: Firstly there has been no invention of the latest drug, as a mere discovery of a current drug could not quantity to the invention. Secondly, Supreme Court upheld the view that underneath the Indian Patent Act for grant of pharmaceutical patents aside from proving the conventional tests of novelty, revolutionary step and alertness, there's a brand new test of stronger therapeutic efficacy for claims that cowl incremental changes to current tablets which additionally Novartis’s drug did not qualify. This became a landmark judgment due to the fact the court docket appeared beyond the technicalities and into the truth that the attempt of such corporations to ‘evergreen’ their patents and making them inaccessible at nominal prices.

  • The Coca-Cola Company Vs. Bisleri International Pvt. Ltd Manu/DE/2698/2009

IPR Law- Infringement: Export: Threats: Jurisdiction:–

The Delhi High Court held that if the threat of infringement exists, then this court ought to genuinely have jurisdiction to entertain the healthful.

It became additionally held that the exporting of products from a country is to be considered as sale inside the country from in which the goods are exported and the same amounts to infringement of the alternate trademark.

In the present remember, the defendant, by way of a grasp settlement, had sold and assigned the trademark MAAZA which includes system rights, understanding, intellectual assets rights, goodwill and so forth for India most effective. With admiring to a mango fruit drink referred to as MAAZA.In 2008, the defendant filed a utility for registration of the trademark MAAZA in Turkey commenced exporting fruit drink under the trademark MAAZA. The defendant dispatched a prison to be aware repudiating the settlement between the plaintiff and the defendant, main to the prevailing case. It was held by means of the court docket that the aim to apply for the trademark except for the direct or oblique use of the trademark was enough to present jurisdiction to the court to decide on the difficulty. The courtroom, in the long run, granted an interim injunction in the direction of the defendant (Bisleri) from the usage of the trademark MAAZA in India as well as for export marketplace, which becomes held to be an infringement of the trademark.

  • Bajaj Auto Limited Vs. TVS Motor Company Limited JT 2009 (12) SC 103

IPR Law- Dispute over Patent for the Use of Twin-Spark Plug Engine Technology – Speedy disposal of Intellectual property rights cases:-

The Supreme Court of India by means of this landmark judgment has directed all of the courts in India for quick trial and disposal of highbrow property associated cases in the courts in India. In two-yr-old dispute involving two companies, which had been locked in a patent dispute over the utilization of a twin-spark plug engine science, the Supreme court docket found out that, suits on the subject of the issues of patents, logos, and copyrights are pending for years and years and litigation is most of the time fought between the parties about the transitory injunction. The Supreme court docket directed that listening to in the mental property matters will have to proceed on each day basis and the final judgment must accept on the whole inside four months from the date of the submitting of the suit. The Supreme courtroom further directed to the entire courts and tribunals within the nation to punctually and faithfully perform the aforesaid orders.

To protect infringement troubles of IPR. Get in touch with Sunbrio Advisor.

Like it? Share it!

Sunbrio N

About the Author

Sunbrio N
Joined: June 22nd, 2018
Articles Posted: 5

More by this author