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Category: IPR LAW

Section 3(d) of the Indian Patents Act Is Not What Most Foreign Counsel Think It Is

When foreign counsel hear about Section 3(d) of the Indian Patents Act 1970, they usually have one of two reactions. The first reaction is vague familiarity. They know it came from the Novartis case. They know

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The Twelve Month Rule, Convention Applications, and the Priority Timing Errors That Permanently Destroy Indian Patent Rights

There is a category of mistake I see in Indian patent practice that is genuinely irreversible. Not difficult to fix. Not expensive to fix. Impossible to fix. Priority errors of a certain type leave an applicant

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Farmers’ Rights and Breeders’ Rights Under PPVFR in India: What Recent Debates Are Really Telling Us

Farmers’ rights and breeders’ rights under PPVFR in India are at the centre of a policy debate that extends well beyond India’s borders. India’s Protection of Plant Varieties and Farmers’ Rights Act is frequently cited internationally

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Trade Secrets and Technology Disputes in India: Why Confidential Dispute Resolution Is Now a Strategic Necessity

Trade secrets and technology disputes in India are reshaping how global technology companies think about dispute resolution architecture. The most valuable IP asset in many technology companies today is not a patent. It is the trade

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AI-Generated Brand Names and Trademark Clearance in India: Why AI Cannot Replace Legal Due Diligence

AI-generated brand names and trademark clearance in India are on a collision course — and most businesses adopting AI tools for brand creation have not yet recognised the scale of the legal risk they are accumulating.

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Anti-Suit Injunctions in Global IP Disputes: The Most Powerful Jurisdictional Weapon in International Patent Litigation

Anti-suit injunctions in global IP disputes are not a peripheral procedural curiosity. They are, in an increasing number of high-stakes international patent and SEP proceedings, the most powerful strategic weapon available to a litigant — more

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FRAND Disputes in India: Why Pre-Dispute Clause Design and Negotiation Architecture Decide the Outcome

FRAND disputes in India are rarely won in court. They are won or lost before the dispute exists — in the clause that nobody scrutinised carefully enough, and in the negotiation that nobody treated as evidence

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AI Contracts in India: Why Copyright Compliance and Disclosure Architecture Are Now Non-Negotiable

AI contracts in India are no longer simple technology agreements. Today, every AI deployment in India triggers copyright compliance obligations, data protection requirements, and disclosure architecture decisions that standard SaaS or software integration contracts do not

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Can an infringement suit be filed by the owner of a registered trademark against the owner of another registered trademark in India?

First let us look at what is infringement?  A simple answer would be that an infringement suit would be a statutory remedy available for enforcing the rights of a registered trademark against unlawful and unauthorized use of the

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The conundrum of graphical user interface (GUI) as a design – the Indian perspective

A design is defined as “design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms,

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