LEXORBIS

In the case of Deen Dayal Anand Kumar Saraf vs Paras Agarwal trading as M/S Purushottam Agarwal & Co., the Delhi High Court vacated an ex-parte injunction due to the plaintiff’s omission of material facts, highlighting that equitable relief demands complete honesty in infringement disputes. Authors Manisha Singh and Shreya Arora dive into the intricacies of the case and discuss how the court’s ruling reinforces that any attempt to withhold relevant information may lead to serious consequences in trademark infringement matters. To read more about the case, access the article first published by IP Link: https://lnkd.in/gKNEaV_h #Trademark #TrademarkAct #TrademarkInfringement #IntellectualPropertyRights #TrademarkLaw #TrademarkProtection #IPR #LegalVictory #DelhiHighCourt

In the recent case of Radico Khaitan Ltd. vs M/S Raina Beverages, the Delhi High Court found that Raina Beverages had been marketing products with deceptively similar packaging to Radico's well-known brand, Magic Moments Remix, misleading consumers and harming Radico's brand identity. As a result, the court granted a permanent injunction against the defendants and awarded punitive damages for their bad faith actions. In our latest article, authors Manisha Singh and Kratika Patel comprehensively analyse the case and discuss how the case highlights the vital role of intellectual property protection in the competitive FMCG market, where brand identity is crucial for consumer choice. To read more, visit the article first published by IP Link: https://lnkd.in/gEy-TdSE #Trademark #TrademarkAct #TrademarkInfringement #IntellectualPropertyRights #TrademarkLaw #TrademarkProtection #IPR #LegalVictory #DelhiHighCourt #BrandProtection

Franchising relies heavily on protecting Intellectual Property Rights (IPR) like trademarks and copyrights to maintain brand identity and consistency. Understanding these rights is essential for both franchisors and franchisees, ensuring brand value, legal security, and compliance across locations, which strengthens customer trust and drives business growth. In the chapter Franchise Laws and Regulations India 2025, authors Dr. Shivani Shrivastava Shrivastava and Jacob C R dive deep into what franchisors need to know, covering key areas such as regulatory compliance, FDI guidelines, non-compete clauses, and the impact of recent amendments to the Competition Act. To learn more, read the full chapter on International Comparative Legal Guides (ICLG): https://lnkd.in/ef4hiDaG #FranchiseIndia #BusinessRegulations #FranchiseLaw #IndiaBusiness #FDI #CompetitionAct #LegalCompliance #FranchiseOpportunities #IndianMarket #IntellectualProperty #Entrepreneurship #FranchiseSuccess #IndianLaw #MarketExpansion  Manisha Singh

Drug-device combination patents are shaping the future of personalised medicine, allowing for the integration of medical devices and drugs to enhance patient treatment and recovery. These innovative patents protect combinations where clinical trials demonstrate an unexpected, synergistic effect. Common examples include transdermal patches, inhalers, and auto-injectors, which work together to deliver treatment more effectively. In this article, Daljinder Parmar, former Controller and technical member of the IPAB discusses the challenges pharmaceutical companies face in securing patents for inventions that include drug-device combinations. He also highlights the importance of strategic patent applications to protect and foster innovation in the healthcare sector. To read more, visit the article first published by Lexology: https://lnkd.in/gYTnsg6Q #DrugDeviceCombination #PersonalisedMedicine #HealthcareInnovation #PharmaPatents #MedicalDevices #DrugDelivery #TransdermalPatch #PatentLaw #IPChallenges #InnovationInHealthcare #PharmaInnovation #IndiaPatentLaw  Manisha Singh

The Copyright Act, 1957 protects original works in categories such as literary, musical, artistic, and cinematograph films in India. To qualify for copyright protection, such works must be original and fixed in a tangible form, such as writing or recording. Further, copyright protects the expression of ideas, not the ideas themselves. The Indian copyright law aligns with international treaties, providing global protection for Indian works and supporting creators by giving them control over the use and economic benefits of their creations. In this chapter, authors Manisha Singh and Manya Jain explore key aspects of copyright law in India, including the requirements for copyright protection, the types of works that qualify for protection, and the duration of copyright. They also delve into the overlap between copyright and other intellectual property rights and the implications for designs and databases. Read the full chapter first published by International Comparative Legal Guides (ICLG) Guide: https://lnkd.in/ePYKMmeG #CopyrightLaw #IndiaCopyright #IntellectualProperty #IPLaw #CreativeRights #AuthorsRights #ICLG #GlobalIP #LegalProtection #CopyrightAct1957 #IPUpdates #GlobalProtection #LegalInsights

The intellectual property regime in India, governed by the Trade Marks Act 1999 and Trade Marks Rules 2017, provides for the registration and enforcement of both registered and unregistered marks. It outlines the procedures and prerequisites for trademark registration, along with the available legal mechanisms for the enforcement of trademark rights. Additionally, the regime lays down the rights and responsibilities of trademark proprietors, thereby establishing a robust legal framework for the protection of intellectual property in India. Manisha Singh and Akanksha Kar explore trademark protection and enforcement in India under the Trade Marks Act of 1999. They discuss the complexities of safeguarding registered and unregistered marks, registration criteria, enforcement mechanisms, and recent developments. They also address the registration process, non-traditional trademarks, trade dress protection, opposition, ownership changes, cancellation, enforcement remedies, passing off, and recent initiatives. To read more, visit the article first published by World Trademark Review: India: Practical application of legislation to enhance dispute resolution efficiency - World Trademark Review #TrademarkProtection #IntellectualProperty #TrademarksAct1999 #Enforcement #BrandProtection #NonTraditionalTrademarks #TradeDress #TrademarkLaw #PassingOff #IPLaw #LegalUpdates 

The rapid increase in the acquisitions of companies with innovative and emerging businesses and technologies has given rise to the need to identify and deal with key intellectual property (IP) considerations. IP is fundamental to the business being acquired and, hence, a key driver or, at times, the sole purpose of the acquisition. The acquirers, therefore, must undertake extensive legal, due diligence on the target companies from an IP perspective. In the chapter, authors Manisha Singh, Mini Raman, and Varun Sharma delve into the critical intellectual property (IP) factors that must be addressed during mergers and acquisitions (M&A) in India, particularly when acquiring companies focused on innovative and emerging technologies. Overall, the chapter provides a comprehensive framework for navigating the IP considerations that arise in M&A transactions, helping both acquirers and sellers address potential risks and maximise the value of the transaction. Read the full article on Lexology: https://lnkd.in/ggmvkPi9 #MergersAndAcquisitions #IntellectualProperty #IPConsiderations #BusinessAcquisition #LegalDueDiligence #Innovation #EmergingTechnologies #IndiaM&A #CorporateLaw #TechAcquisition #BusinessStrategy #LegalFramework 

The Patent Laws and Regulations in India, governed by the Patents Act of 1970 and the Patent Rules of 2003, offer a robust framework for protecting innovations while aligning with global standards. India follows a first-to-file system, granting patents for a term of 20 years, with inventions needing to be novel, involve an inventive step, and have industrial applicability. Patent applications undergo a detailed examination, and mechanisms for both pre-grant and post-grant opposition allow third parties to challenge patent validity. In this Chapter, authors Manisha Singh and Joginder Singh cover key aspects of Indian patent law, including patent enforcement, amendments, licensing, term extensions, and prosecution. They also address alternative dispute resolution methods like mediation and arbitration, pre-suit procedures, and expert witness protocols such as "hot tubbing." For a detailed reading, visit the full chapter first published by International Comparative Legal Guides (ICLG): https://lnkd.in/fuJC7kF #PatentLaw #IndiaPatent2025 #IntellectualProperty #InnovationProtection #PatentEnforcement #Licensing #IPLitigation #LegalUpdates #India

In India, patent prosecution is regulated by the Patents Act, 1970 and includes various steps and procedures, from filing a patent application to obtaining a grant of a patent. The whole process can be complex and time-consuming, and understanding the various steps involved and the requirements at each stage is essential to ensuring a successful outcome. Authors Manisha Singh and Virender Singh provide an in-depth look at patent prosecution under Indian law, covering essential topics like the types of patents granted, filing processes, time and costs involved, recent examination trends, and procedures for appeals and opposition. The authors also explore recent court decisions that have shaped the patent landscape in India. Visit the link to read the full article first published by IAM: https://lnkd.in/gfp-iBkC #PatentProsecution #PatentLaws #IndiaIP #IntellectualProperty #Innovation #PatentRules2025 #LegalUpdates #Patents #PatentProtection #IndianPatents

In today's health-conscious society, nutraceuticals and dietary supplements are crucial in managing lifestyle diseases by providing health benefits beyond essential nutrition and potentially aiding disease prevention. However, these products face challenges in patenting, similar to pharmaceuticals. Applicants must demonstrate novelty and non-obviousness, particularly since most nutraceuticals derive from known food sources. This is particularly complex in India, where Section 3(c) of patent law prohibits patenting naturally occurring substances unless they differ significantly from existing products. Daljinder Parmar, former Controller and technical member of the former IPAB, emphasises the importance of understanding the nuanced legal framework governing nutraceuticals and dietary supplements, particularly regarding patent eligibility. He also elaborates on how successful patent applications in this field must showcase innovation and address potential obstacles, such as the obviousness of standard and traditional knowledge considerations. To read more, visit the article first published by Mondaq: https://lnkd.in/g49bWpzm #Nutraceuticals #DietarySupplements #PatentLaw #HealthCare #LifestyleDiseases #IntellectualProperty #Pharmaceuticals #PatentEligibility #LegalFramework #India #HealthBenefits #DiseasePrevention #HealthInnovation #TraditionalKnowledge #IPStrategy