Topic
Delhi HC allows plaintiffs to notify ISPs and DoT to block mirror/alphanumeric rogue websites infringing copyright, expanding Dynamic+ injunction scope while retaining judicial oversight. A landmark ruling for online IP enforcement.
CESTAT Bangalore rules that royalty payments for technical know-how under a Technical License Contract Agreement do not constitute Intellectual Property Rights (IPR) services under Section 65(55a) of the Finance Act, 1994, setting aside service tax demand.
Bombay High Court rules that prior adoption and registration of a trademark in India override claims of trans-border reputation, even for globally recognized brands. The Court denied interim relief to both parties, permitting co-existence of identical marks due to acquiescence and failure to establish goodwill in India, setting a precedent for domestic trademark disputes involving foreign entities.
Bombay High Court holds that the Registrar of Trade Marks qualifies as a 'Court' under Section 24 CPC, enabling transfer of rectification proceedings to be consolidated with infringement suits. This ruling streamlines adjudication by preventing parallel litigation and reinforces the contextual interpretation of 'Court' under procedural laws, impacting trademark litigants and IP practitioners.
The Bombay High Court granted a permanent injunction against Zenlabs India for using 'ZENOX' on pharmaceuticals, finding it deceptively similar to Glenmark's registered mark 'ZINOX'. The ruling reinforces that minor spelling variations in drug trademarks can constitute passing off when consumer confusion is likely, setting a clear precedent for brand protection in the pharma sector.
CESTAT Chennai rules that payments for unregistered technical know-how from foreign entities do not qualify as 'intellectual property services' under the Finance Act, 1994, exempting such transactions from service tax. This decision clarifies the scope of taxable services for businesses relying on foreign technical collaborations, impacting cross-border technology transfer agreements.
Allahabad HC grants bail to accused in counterfeit goods case under IPC and IPR laws, emphasizing no prior record and trial delay. Conditions imposed to ensure court compliance.
CESTAT Hyderabad ruled that payments for unregistered technical know-how from foreign entities do not qualify as 'Intellectual Property Right Services' (IPRS) under service tax law, exempting such transactions from tax liability. The tribunal also clarified that Cenvat credit could not be used for reverse charge liability on such services prior to 01.07.2012, impacting businesses relying on foreign technical collaborations.