🔴 Lead Story
Novartis Wins Vildagliptin Patent Suit And the Bolar Defence Fails
Novartis AG v. Venkata Narayana Active Ingredients Pvt. Ltd. · Madras High Court
The Madras High Court this week held that Venkata Narayana Active Ingredients Pvt. Ltd. infringed Novartis’ patent covering the diabetes drug Vildagliptin by manufacturing and exporting the active pharmaceutical ingredient to Egyptian companies between 2016 and 2018.
The defendant invoked the Bolar exception under Section 107A of the Patents Act, arguing that the exports were for research, development or regulatory approval purposes and therefore fell outside the scope of patent infringement. The court rejected that defence, finding insufficient evidence that the exports were made solely for those purposes. The court held that the burden of establishing the Section 107A defence lies on the party invoking it and that burden had not been discharged.
The court directed the defendant to render accounts of profits and awarded costs to Novartis. Notably, it also recommended that the Central Government frame rules prescribing documentary requirements for parties seeking to rely on the Bolar exemption in future proceedings.
The decision advances two important principles. First, the Bolar exemption is a statutory defence with a defined evidentiary burden it cannot be invoked without adequate documentation establishing the purpose of the infringing activity. Second, exports of patented APIs are within the scope of Indian patent protection where the Bolar conditions are not met. Pharmaceutical manufacturers relying on Section 107A for export activities should review the evidentiary basis on which that reliance rests.
📡 Radar India
Laser Marking Patent Infringement Suits Survive Summary Dismissal
Bharat Bhogilal Patel v. TVS Electronics · Bombay High Court
The Bombay High Court refused to summarily dismiss patent infringement suits brought by Bharat Bhogilal Patel concerning his 2003 laser marking and engraving patents against TVS Electronics and Kalelkar Surgicals. The court held that multiple triable issues required adjudication at a full trial and imposed costs of ₹1 lakh on each defendant, finding the dismissal applications were filed to delay proceedings under the Commercial Courts Act.
Jockey Obtains Interim Injunction Against JOYKE, JOYSKY and Similar Marks
Jockey International Inc. v. M/s D.R. Kuppraj Tex India · Delhi High Court
The Delhi High Court granted an ex parte ad interim injunction restraining several sellers from using the marks JOYKE, JOYSKY, JOYSKE, JOJOKE and other deceptively similar variants for innerwear products. The court found the impugned marks prima facie deceptively similar to JOCKEY and likely to cause consumer confusion given the parties operated through common trade channels targeting the same consumer base. The court directed Meesho to remove the infringing listings, disclose seller details and file a compliance affidavit.
Levi’s Secures Interim Relief Against Similar Pocket Stitching Designs
Levi Strauss & Co. v. Kewal Kiran Clothing Limited · Delhi High Court
The Delhi High Court restrained Kewal Kiran Clothing from manufacturing and selling Killer and Integriti jeans bearing stitching patterns found prima facie similar to Levi Strauss’ well-known Arcuate Stitching Design Mark. The court noted that Kewal Kiran had previously acknowledged Levi’s superior rights under a 2019 settlement agreement and found the adoption of the impugned designs prima facie dishonest. The court held that minor design differences would not register in the mind of an average consumer and that the overall visual impression remained deceptively similar. Interim relief was declined against the Lawman Pg3 design, which was protected by independent trademark registrations not covered by the settlement agreement.
Himalaya Obtains Injunction Against LIV-22 Mark
Himalaya Global Holdings Ltd. v. Awadh Bihari Badal · Delhi High Court
The Delhi High Court granted an ex parte ad interim injunction restraining the defendants from manufacturing, selling, advertising or dealing in liver care products under the mark LIV-22. The court accepted Himalaya’s contention that LIV.52 is a longstanding and well-known trademark enjoying substantial goodwill and found the parties dealt in identical products through the same trade channels.
Orziva Restrained From Using ORZIFER-XT Mark
Emcure Pharmaceuticals Limited v. Orziva Healthcare Private Limited · Delhi High Court
The Delhi High Court granted an ex parte ad interim injunction restraining Orziva Healthcare from manufacturing, selling, distributing or promoting products under the mark ORZIFER-XT. The court found the impugned mark prima facie visually, structurally and phonetically similar to Emcure’s registered OROFER-XT mark and likely to cause confusion in relation to iron supplementation products sold through overlapping trade channels.
Beardsell Corporate Name Barred From Use by Sister Concerns
Beardsell Polymers Pvt. Ltd. v. Beardsell Limited · Madras High Court
The Madras High Court upheld a permanent injunction restraining Beardsell Polymers Pvt. Ltd. and Beardsell Equipments Pvt. Ltd. from using the corporate name Beardsell. The court held that the 2003 Memorandum of Understanding permitted incorporation of only one new company and could not be interpreted to authorise establishment of multiple entities using the Beardsell name. The court affirmed the finding of passing off and upheld directions requiring surrender of infringing materials along with costs of ₹2 lakh.
ONN Denied Interim Relief Against ON & ON
Biswanath Hosiery Mills Limited v. Anila Kedia · Calcutta High Court
The Calcutta High Court refused to grant interim trademark protection to Biswanath Hosiery Mills, proprietor of the registered ONN mark, against use of ON & ON by the defendant. The court held the plaintiff was prima facie estopped from claiming similarity after having previously argued before the Trade Marks Registry that ONN was a coined, distinctive expression dissimilar to comparable marks. The court upheld the Commercial Court’s refusal to grant an injunction.
Passing Off Claim Succeeds Against ELITECOURT Mark
Glossy Color and Paints Pvt. Ltd. v. Elitecourt · Delhi High Court
The Delhi High Court granted interim relief to Glossy Color and Paints Pvt. Ltd., restraining the defendants from using the mark ELITECOURT in a manner amounting to passing off. While declining relief on trademark infringement owing to the defendant’s existing registration, the court held that ELITECOURT incorporated and subsumed the plaintiffs’ registered ELITE mark and that an average consumer was likely to assume an association between the competing products given both parties operated in allied fields through common trade channels.
ZOOOK Copyright Registration Cancelled Over Defective Search Certificate
Fortune Marketing Private Limited v. Gujarat Pesticides · Delhi High Court
The Delhi High Court cancelled the copyright registration granted to Gujarat Pesticides for the artistic work ZOOOK, holding that the registration was obtained through a procedurally flawed process. The court found that the Trade Marks Search Certificate relied upon was inaccurate and contrary to the Trade Marks Register, despite existing registered ZOOOK marks owned by Fortune Marketing. The court set aside the copyright registration and directed reconsideration of the application after hearing both parties.
Zee Secures Interim Injunction Protecting FIFA World Cup 2026 Broadcasting Rights
Zee Entertainment Enterprises Limited v. Rogue Websites · Delhi High Court
The Delhi High Court granted an ex parte interim injunction protecting Zee Entertainment’s exclusive broadcasting and digital transmission rights for the FIFA World Cup 2026, restraining rogue websites from unauthorised streaming, hosting or communication of tournament content. The court found that certain websites had announced plans to illegally stream live World Cup matches and directed internet service providers and domain name registrars to block access to the identified rogue websites. Zee was granted liberty to seek dynamic blocking orders against future infringing platforms.
Dhurandhar 2 OTT Release Not Stayed in Plagiarism Suit
Santosh Kumar RS v. Aditya Dhar · Mumbai Civil Court
The Mumbai Civil Court refused to grant an interim injunction restraining the OTT release of Dhurandhar 2 in a copyright infringement and plagiarism suit filed by writer Santosh Kumar RS. The court held that the plaintiff failed to establish a prima facie case of copying and found no material resemblance in the plot, screenplay, dialogues, treatment or overall expression of the ideas when comparing the competing works. The court restated that copyright protection extends to the expression of an idea and not the idea itself.
Industrial Photographs Allegedly Copied From Website Ordered Removed
Alfa Therm Limited v. M/s Scientico · Delhi High Court
The Delhi High Court granted interim protection to Alfa Therm Limited and directed Scientico to remove photographs allegedly copied from Alfa Therm’s website from its own website, IndiaMart listings and other online platforms. The court found the impugned photographs depicting waste management and environmental systems were identical to images previously published by Alfa Therm and appeared to have been reproduced without authorisation.
Varun Dhawan Granted Comprehensive Personality Rights Protection
Varun Dhawan v. Artist Booking Company · Delhi High Court
The Delhi High Court granted interim protection to actor Varun Dhawan, restraining multiple entities from using his name, image, voice, likeness and other attributes of his persona for commercial purposes without authorisation. The court found a prima facie case of infringement of personality and publicity rights, trademark infringement and passing off arising from unauthorised artist booking services, sale of merchandise and dissemination of AI-generated derogatory and pornographic content. The court directed takedown of 168 infringing URLs and restrained use of artificial intelligence, generative AI, deepfakes, AI chatbots and face-morphing tools to exploit or misappropriate his persona.
🌍 Radar Global
US Supreme Court Backs Generic Drug Competition on Skinny Label
Amarin Pharma Inc. v. Hikma Pharmaceuticals USA Inc. · US Supreme Court
The US Supreme Court unanimously ruled that Hikma’s generic version of Amarin’s cardiovascular drug Vascepa did not infringe Amarin’s patented method-of-use claims. The court held that Amarin failed to plausibly show that Hikma actively encouraged infringement merely by marketing its product as a generic equivalent while omitting patented uses from its FDA-approved label. The decision strengthens legal certainty surrounding skinny label generic approvals and is expected to bolster generic drug competition by limiting patent infringement claims based solely on routine industry communications.
Artist Sues FIFA Over Destruction of Dallas Ocean Mural
Robert Wyland v. FIFA · US District Court, Northern District of Texas
Artist Robert Wyland filed a lawsuit seeking at least $25 million in damages, alleging that FIFA and other defendants unlawfully painted over his Ocean Life mural in Dallas ahead of the 2026 FIFA World Cup. The suit claims the action violated the Visual Artists Rights Act, which protects artists against destruction or distortion of works of recognised stature. Wyland contends the mural was a significant cultural landmark removed without his consent.
CNN Sues Perplexity AI Over Unauthorised Use of News Content
CNN v. Perplexity AI · US District Court, Southern District of New York
CNN filed a copyright infringement lawsuit against AI search company Perplexity, alleging it unlawfully copied, reproduced and distributed CNN’s news content through its AI-powered services despite unsuccessful licensing negotiations. The suit seeks damages and injunctive relief. Perplexity defended its practices, arguing that facts are not copyrightable and that the lawsuit challenges principles enabling technological innovation.
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 Linus and Lucy, in government digital content and commercial products. The suits seek damages for alleged use without proper licensing.
China Owns More Than 11,000 Germany-Developed Patents
A study by the German Economic Institute found that Chinese entities now own more than 11,300 patents developed in Germany. The report notes that nearly one-third of inventions developed in Germany are owned by foreign entities, with China particularly active in the mechanical engineering sector. The study cautioned that strategic acquisition of key technologies may raise concerns regarding Europe’s long-term technological competitiveness.
X.AI Fails at Threshold 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.
Toronto Police Seize Record Counterfeit World Cup Merchandise
Toronto Police seized more than C$3.5 million worth of counterfeit FIFA World Cup merchandise in what authorities described as the largest counterfeit soccer apparel seizure in Canadian history. The operation resulted in confiscation of over 16,000 fake jerseys, flags and related products bearing FIFA, Nike, Adidas and Puma branding, along with counterfeit World Cup trophies. The enforcement action preceded the opening of the FIFA World Cup 2026.
Alnylam and Inceptive Enter $2 Billion AI-Driven RNA Drug Discovery Partnership
Alnylam Pharmaceuticals entered into a collaboration with AI biotechnology company Inceptive Nucleics valued at up to $2 billion to accelerate the discovery of RNA-based medicines. The partnership combines Alnylam’s RNA interference expertise and proprietary data with Inceptive’s AI models to improve candidate selection and support pipeline expansion. The deal includes an upfront payment of $30 million with additional milestone-based payments.
Eli Lilly Secures Gene-Editing Technology Licence for Kidney Disease
Eli Lilly entered into a licensing agreement with Ascidian Therapeutics worth up to $1.9 billion to develop therapies for rare inherited kidney diseases. The deal grants Lilly exclusive rights to use Ascidian’s RNA exon-editing technology for selected kidney disease targets, aiming to correct disease-causing genetic errors at the RNA level without permanently altering DNA.
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 deal enables generic manufacturers to produce and supply the drug under licence, aimed at strengthening global pandemic preparedness and improving affordability during seasonal flu outbreaks.
📡 Radar Blip
Supreme Court Invites Comments on Draft AI Regulations for Courts
The Supreme Court’s Artificial Intelligence Committee invited comments and suggestions from stakeholders and the public on the draft Regulations for Use of Artificial Intelligence in Courts 2026. The proposed regulations seek to establish a framework for responsible AI adoption across the Indian judiciary guided by principles including human primacy, transparency, accountability, data protection and judicial independence. Comments may be submitted to the Member Secretary, AI Committee, Supreme Court of India, by 20 June 2026.
Draft US Bill Seeks to Bar State Regulation of AI Model Development
A bipartisan group of US lawmakers released draft legislation that would prevent states from regulating the development of artificial intelligence models while allowing regulation of AI use and deployment. The proposal aims to establish a uniform national framework for AI governance and reduce regulatory fragmentation. Technology industry groups have supported the move while consumer advocacy organisations have criticised it for limiting state-level oversight in areas including discrimination, consumer protection and deepfake-related harms.
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. The discussions remain pending approval.
Unified Patent Court Inaugurates Patent Mediation and Arbitration Centre
The Patent Mediation and Arbitration Centre of the Unified Patent Court was formally inaugurated in Ljubljana, marking an institutional milestone for alternative dispute resolution in European patent disputes. PMAC mediation services became operational on 12 May 2026. A substantial number of patent practitioners have been appointed to the PMAC’s Lists of Neutrals.
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.
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.
Turkey Revises Madrid Protocol Designation Fees
The World Intellectual Property Organization announced revised individual fees for the designation of Turkey under the Madrid Protocol. Effective from 7 June 2026, the updated fees in Swiss francs apply to international trademark applications designating Turkey, subsequent designations and renewals received or processed on or after the effective date.
Iraq Revises Official Trademark Fees
The Trademark Office in Baghdad commenced collection of revised official trademark fees pursuant to Decision No. 26038 of 2026, effective from 6 May 2026. All trademark services governed by Law No. 21 of 1957 are subject to the updated fee schedule. The revision does not affect trademark fees applicable in the Kurdistan region of Iraq.
Libya Resumes Electronic Publication of Trademarks
The Libyan Commercial Registry Department resumed electronic publication of trademarks through its official online platform following a period of suspension. The latest publication batch comprises approximately 500 trademarks covering publication numbers 55261 to 57597. Newly published marks are subject to a 30-day opposition period calculated from the date of publication.
