🔴 Lead Story
Philips DVD Patent Decree Set Aside: Infringement Requires Evidence, Not Assertion
K.K. Bansal & Anr. v. Koninklijke Philips Electronics NV · Delhi High Court
The Delhi High Court set aside a decree directing royalty payments in a DVD decoding patent dispute involving Koninklijke Philips Electronics NV, holding that the infringement finding and the damages award including punitive damages were legally unsustainable.
The court identified several evidentiary failures in the proceedings below. Claim charts and technical mapping, which are essential to establish that an accused product falls within the scope of patent claims, were absent from the record. The court held that reliance on untested certificates and unverified technical assertions cannot establish patent infringement. Without a rigorous comparison of the accused product against the asserted claims, no finding of infringement can be sustained.
The court also rejected Philips’ contention that the patents were standard-essential, finding the assertion unsubstantiated on the evidence placed before it. Additionally, the court accepted the defendants’ argument on patent exhaustion, holding that the sale of commercially available chips incorporating the patented technology had exhausted Philips’ patent rights in relation to those products.
The decision restates foundational principles of patent litigation. Infringement must be established through claim-by-claim analysis mapped against the accused product. Standard essentiality must be proven, not assumed. And patent exhaustion operates as a complete defence where the patentee has already received consideration through an authorised sale in the chain of commerce.
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AbbVie Patent Refusal Set Aside for Lack of Reasoning
AbbVie Ireland Unlimited Company v. Deputy Controller of Patents and Designs · Delhi High Court
The Delhi High Court quashed the Patent Office’s refusal of AbbVie’s divisional patent application, holding that refusal orders must contain proper reasoning and cannot reject maintainability on inconsistent grounds. The court found the impugned order failed to adequately examine AbbVie’s submissions distinguishing the divisional claims from the parent patent and remanded the matter for fresh consideration.
JFE Steel Patent Rejection Set Aside, Holistic Adjudication Required
JFE Steel Corporation v. Assistant Controller of Patents and Designs · Delhi High Court
The Delhi High Court set aside the rejection of JFE Steel’s patent application for an electrical steel sheet manufacturing method, holding that the Patent Office must decide all objections together rather than rejecting on selective grounds. The court stressed that piecemeal adjudication risks wasting the 20-year patent term and undermines the integrity of fair examination.
Schezwan Chutney Variants Restrained in Tata Group Trademark Suit
Capital Foods Private Limited v. Fivestar Dehydration Pvt Ltd · Delhi High Court
The Delhi High Court restrained two defendants from using marks including Schezwan Chutney and Schezwan Hot Chutney in a suit filed by Capital Foods, owner of the Ching’s Secret brand. The court held that the addition of the word Hot was insufficient to distinguish the rival products for an average consumer and found prima facie dishonest adoption of the mark.
Trademark Renewal Permitted After Six-Year Delay Due to Registry Error
Rajinder Singh v. The Registrar of Trade Marks · Delhi High Court
The Delhi High Court permitted renewal of the B.P.R. trademark despite a delay of over six years, holding that the Trade Marks Registry could not rely on procedural defects after consistently corresponding with the proprietor at his updated address. The court found the renewal notice was wrongly sent to an old address despite prior communications and registration documents having been issued to the new one.
Hugo Boss Granted Interim Relief Against Counterfeit Bedding Products
Hugo Boss AG v. Shubham Jain · Delhi High Court
The Delhi High Court granted temporary relief to Hugo Boss AG in a trademark infringement suit against a Delhi trader accused of selling counterfeit luxury bedding and bath products under the BOSS and HUGO BOSS marks. The court restrained further manufacture and sale of the products and directed removal of related advertisements from Instagram, YouTube and other online platforms.
AI Smartphones Founder Directed to Appear Over Alleged Suppression
NxtQuantum Shift Technologies India Pvt Ltd v. John Doe · Delhi High Court
The Delhi High Court directed the personal appearance of AI Smartphones founder Madhav Sheth following allegations that the company secured an ex parte injunction against TechWiser by using an incorrect email address for tech reviewer Prateek Rai. The court questioned the plaintiff’s conduct and observed that litigants could not pull the wool over the court’s eyes.
SWISSTOURS Instagram Handle Suspended on Bombay HC Direction
Airline Marketing Services India Private Limited v. John Doe Ashok Kumar · Bombay High Court
The Bombay High Court directed Meta to suspend an Instagram account found to be infringing the registered SWISSTOURS trademark, after the handle continued operating despite an earlier injunction order. The court held that disabling public access to the account was necessary to prevent continued infringement and consumer confusion.
MRF Marks Restrained Against Former Dealer
MRF Limited v. M/s Conveyo Belt Centre · Madras High Court
The Madras High Court granted interim relief to MRF restraining two Delhi-based entities from using its trademarks in connection with their business activities. The court noted allegations that a former dealer continued displaying MRF marks at trade exhibitions despite a written undertaking not to do so, while permitting sale of remaining genuine stock bearing the marks.
ROYAL and ROYU Trademark Suit Proceeds in Delhi
Ravinder Singh v. Regoshin Healthcare Pvt Ltd · Delhi High Court
The Delhi High Court refused to return a trademark infringement and passing off suit concerning the marks ROYAL and ROYU, holding that at the threshold stage the plaint must be accepted as true and tested only on its pleadings. The court found that issues of territorial jurisdiction and online targeting required evidence and could not be resolved at this stage.
Danone Suit Decreed, PROTEX and PROTRILEX Marks Restrained
Danone Asia Pacific Holdings Pte. Ltd. v. Rockwell Pharmaceuticals · Delhi High Court
The Delhi High Court decreed Danone’s trademark infringement suit, holding that use of PROTEX and PROTRILEX for nutritional products was deceptively similar to its registered mark PROTINEX. The court found clear visual, phonetic and structural similarity and applied the initial interest confusion test, noting the defendants had no viable defence and were proceeded against ex parte.
Calpol Declared a Well-Known Trademark
GlaxoSmithKline Pharmaceuticals Ltd. v. Walter Healthcare Pvt Ltd · Delhi High Court
The Delhi High Court declared GSK’s CALPOL a well-known trademark for pharmaceutical products under Sections 11(6) and 11(7) of the Trade Marks Act 1999, noting its long-standing use, extensive market recognition and substantial sales and advertising footprint. The court also recorded settlement terms including abandonment of the infringing mark WALPOL and payment of damages.
Ilaiyaraaja’s Claim Over En Iniya Pon Nilave Rights Rejected
En Iniya Pon Nilave Copyright Dispute · Delhi High Court
The Delhi High Court dismissed Ilaiyaraaja’s appeal, holding that a music composer does not hold copyright over the lyrics or sound recording of a film song. The court clarified that musical work under the Copyright Act is limited to the musical composition alone, while rights in the sound recording vest with the producer through valid assignment.
Copyright Registration Cannot Be Granted Automatically
Rajkumar Aggarwal, Proprietor of M/S Petro Product v. Nand Kishore Bhimsariya · Calcutta High Court
The Calcutta High Court held that copyright registration cannot be granted automatically merely because no objection is filed within the statutory period. The court ruled that the Registrar of Copyright must independently verify the correctness of an application before granting registration and set aside a registration granted without notifying an interested party or examining prior existing registrations.
Hera Pheri Remake Rights Suit Survives Rejection Challenge
Firoz A Nadiadwala v. Seven Arts International Limited · Madras High Court
The Madras High Court refused to reject Seven Arts International’s copyright infringement suit concerning alleged remake rights in the Malayalam films said to form the basis of the Hera Pheri franchise. The court held that issues relating to limitation, assignment validity and agency termination required detailed examination and could not be decided at the plaint rejection stage.
Bachpan Ka Pyar Hook Line Restrained, YouTube Revenue Disclosure Ordered
Ivy Entertainment Private Limited v. Rahul Singh · Delhi High Court
The Delhi High Court granted interim relief to Ivy Entertainment in a copyright suit over the song Bachpan Ka Pyar, restraining unauthorised use of its hook line and related musical elements. The court directed certain YouTube channel operators to disclose revenue earned from allegedly infringing uploads, noting prima facie unauthorised commercial exploitation of the work.
Dynamic Injunction Granted for Aakhri Sawal Within 24 Hours of Release
Nikhil Nanda Motion Pictures LLP v. Google LLC · Delhi High Court
The Delhi High Court protected the film Aakhri Sawal from online piracy one day after its release, directing Google and Telegram to remove infringing content within 72 hours and granting a dynamic injunction to curb recurring uploads. The court found a prima facie strong case of infringement and noted the need for swift action against rapidly reappearing pirated links across multiple platforms.
Drishyam 3 Telugu Dub Release Challenged
MS Rajkumar Theatre Pvt Ltd v. Aashirvad Cinemas · Madras High Court
The Madras High Court issued notice on a plea seeking to restrain the Telugu dubbed release of Drishyam 3. Rajkumar Theatre Pvt. Ltd. claimed exclusive Telugu remake and exploitation rights in the film and sought an interim injunction against the producers, director Jeethu Joseph and Panorama Studios from releasing the dubbed version worldwide.
Raghav Chadha Moves Delhi High Court for Personality Rights Protection
Raghav Chadha v. John Doe · Delhi High Court
Raghav Chadha has filed a plea before the Delhi High Court seeking protection of his personality rights against unauthorised commercial use of his name, image and identity. The matter is listed before Justice Subramonium Prasad and adds to the growing body of Indian cases in which public figures are seeking judicial protection of personality rights.
FIR Against Prashant Kishor Quashed, Criminal Law Cannot Apply to Ideas
Prashant Kishor v. State of Bihar · Patna High Court
The Patna High Court quashed an FIR alleging misappropriation of political campaign intellectual property, holding that criminal law cannot be invoked for disputes based on ideas or publicly available data. The court found no ingredients of forgery or cheating were made out and restated that copyright does not subsist in ideas, themes or general concepts.
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EU Court Revives OBELIX Weapons Trademark Challenge
Les Editions Albert Rene v. EUIPO · Court of Justice of the European Union
The Court of Justice of the European Union annulled an EUIPO decision permitting registration of the trademark Obelix for firearms, ammunition and explosives. The court held that EUIPO conducted an incomplete and erroneous analysis by failing to properly assess evidence of the strong reputation of the earlier OBELIX mark associated with the Asterix franchise. The invalidation challenge brought by publisher Les Editions Albert Rene is revived.
Charlie Brown Christmas Music Rights Holder Sues US Government
Lee Mendelson Film Productions v. United States Department of Interior · US District Court · US Court of Federal Claims
Lee Mendelson Film Productions initiated multiple copyright infringement actions alleging unauthorised use of Vince Guaraldi’s Peanuts soundtrack music, including compositions such as Linus and Lucy, in government digital content and commercial products. The suits seek damages for alleged use without proper licensing.
Tokyo Electron Taiwan Unit Accepts TSMC Trade Secrets Ruling
Tokyo Electron’s Taiwan unit confirmed it will not appeal the ruling by Taiwan’s Intellectual Property and Commercial Court in the trade secrets dispute involving sensitive semiconductor technology linked to TSMC. The court had imposed a T$150 million fine on the unit. The company stated it respects the judicial process and accepts the decision.
Roche and Medicines Patent Pool Sign Xofluza Voluntary Licensing Agreement
Roche and the Medicines Patent Pool signed a voluntary licensing agreement to expand access to the influenza antiviral drug Xofluza across 129 low- and middle-income countries. The agreement enables generic manufacturers to produce and supply the drug under licence, aimed at strengthening global pandemic preparedness and improving affordability during seasonal flu outbreaks.
NurExone Secures South Korean Patent for ExoPTEN Exosome Therapy
NurExone Biologic received a South Korean patent grant covering its ExoPTEN exosome-based therapy, which uses exosomes to deliver PTEN-targeted cargo for nerve injury treatment. The grant strengthens a global IP portfolio that already includes protections in the United States, Japan, Israel and Russia, with additional applications pending across Europe and Asia.
Spotify Signs AI Music Deal With Universal Music Group
Spotify announced a licensing arrangement with Universal Music Group enabling premium users to generate AI-powered covers and remixes of selected tracks subject to usage limits and additional paid tiers. The platform also introduced AI-generated podcasts and expanded monetisation features, projecting stronger revenue growth and higher margins through 2030 as it deepens its AI-enabled content strategy.
X.AI Fails at Preliminary Stage in California AI Training Data Transparency Challenge
X.AI LLC v. Norma J. Bonta · US District Court, Central District of California
X.AI challenged California’s Training Data Transparency Act, arguing that mandatory disclosure of AI training datasets unlawfully exposes protected trade secrets. A federal court held that the company failed at the preliminary stage to identify specific trade secrets with sufficient particularity, finding its allegations on dataset sourcing and cleaning methods too general to support a Takings Clause claim under the US Constitution.
US Seeks Drone IP Rights in Ukraine Cooperation Discussions
According to Kyiv, the United States is seeking access to technology and intellectual property rights in a prospective drone cooperation deal that would allow testing and potential replication of Ukrainian battlefield drone and electronic warfare systems developed during the conflict with Russia. The discussions remain pending approval.
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CGPDTM Well-Known Trademark E-Filing Module Consultation Closes 21 May 2026
The deadline for stakeholder feedback on the CGPDTM’s proposed e-filing module for well-known trademark applications under Rule 124 of the Trade Marks Rules 2017 was 21 May 2026. The office confirmed the consultation was limited to refining the portal’s technical framework and does not constitute formal launch of the module.
USPTO Introduces Pre-Order Procedure for Ex Parte Reexamination
The USPTO introduced a pre-order procedure allowing patent owners to submit arguments and expert declarations before ex parte reexamination is ordered. The procedure enables owners to address whether a substantial new question of patentability exists before a reexamination order issues, marking a shift toward greater participation at the threshold stage of validity challenges. The procedure applies to requests filed after 5 April 2026.
Vietnam Reaffirms Zero Tolerance for IP Violations
Vietnam reaffirmed strict enforcement of intellectual property rights through recent legal reforms, expanded digital platform liability and nationwide anti-counterfeit campaigns. The government is aligning its IP framework with international trade standards and increasing enforcement actions across physical and online markets as part of its broader digital economy strategy.
Korea Meets Central Asian Ambassadors on IP Silk Road Initiative
South Korea’s Minister of Intellectual Property Kim Yong-sun met ambassadors from Central Asian countries in Seoul on 20 May 2026 to discuss strengthening intellectual property cooperation. The meeting focused on building a regional IP Silk Road, positioning IP frameworks as a driver of innovation-led economic growth and cross-border technological collaboration.
