Problem Sections, Acts, Rules
X, a citizen of a foreign country, which
does not grant the citizens of India the
right to make a patent application in that
country makes an application to the
patent office in Delhi. The Controller
accepts the application. Is the
Controller's decision lawful? If so give
reasons, if not explain why?
Y, an author of a novel filed a suit
against Z alleging that Z has copied from
a novel of foreign author. Whether the
Judge can punish Y or Z or both for
violation of copy right.
The applicant X sought to register the
trademark 'Nokia' in respect of wines
from a certain area in Chennai. The
owner of the trademark 'Nokia' in
relation to mobile phones opposed the
registration Since the marks are identical
the question that remained was whether
the goods (wine and mobiles) are similar.
Decide?
Paracetomol and lbruprofen are well
known drugs for relief in fever and pain
respectively. Now X combines these two
drugs and produces combination drug for
treatment of fever and pain. X wants to
patent this com bination drug. Can he get
it patented?
Students of a school performed a story of
noted author in the annual function of
the school. The author claims it as
infringement of his right to perform.
Advise the school authorities.
M, is a MNC holding a trademark W for
washing machines. The trademark
acquired international reputation. N
started his washing machines business in
India and started using a trademark
similar to W. In a trademark
infringement suit brought by M, N
contends that as the goods are not
available in India, hence, he is not liable
for any trademark violations of M.
Decide.
Case Laws & Conclusion
Section 6 of the Patents Act, 1970
The Patent Cooperation Treaty
Section 6 of the Act deals with the
persons entitled to apply for patent
having origin outside.
Section 61 in the Copyright Act, 1957:
Only the owner of a work(or his
exclusive licensee can bring legal action
against infringer.
Section 27(1) provides that the
proprietor of a registered trademark is
entitled to take action;
a. to prevent infringement of the
registered trademark or
b. to recover damages for such
infringement
Section 29(1) of the Trademarks Act,
1999.
A registered mark is infringed when a
person who is neither its owner nor a
registered user uses an identical or
deceptively similar mark in relation to
the goods which are covered by
registered mark.
No Sections Subject to certain
conditions, a fair deal for use of works in
schools is permitted without specific
permission of the copyright owners.
Plaintiff with an established international N.R Dongre v Whirlpool Corporation
reputation can sue to protect in India
even if it does not have any business
activity in India.
'Trans-border reputation' was recognized registration. Whirlpool contended
and the trademark 'Whirlpool' was
deemed to have acquired Trans-border
reputation which enjoys due protection
of law in India as well, irrespective of its
market base or registration in India.
- No Case Laws Needed-
Conclusion: In the instant problem, X
has right to apply for patent in Delhi.
The Convention country can claim
patent. Hence, the Controller 's decision
is lawful.
Rustom Ali Molla and Others vs. Bata
Shoe Co. Ltd.,AIR 1957 Cal 120
Dunlop Pneumatic Tyre Co. Ltd. vs The
Dunlop Lubricant Co., (1898) 16 RPC
12
Conclusion: In the instant problem, X
Company can use the trademark 'Nokia'.
The act of X does not amounts to passing
off and infringement. Hence, 'Nokia'
brand is not entitled for injunction.
Ranbaxy Laboratories Ltd v. Crystal
Pharmaceuticals, CS(OS) 104/2011,
Conclusion: In the instant problem, X
cannot seek patent by combining drugs
namely Paracetomol and Ibruprofen.
Hence, the patent owners are entitled to
an injunction.
Conclusion: In the instant problem, the
school annual function is not a
commercial activity. Hence, the
performance during the annual function
does not infringe author 's copyright.
((1996) 5 SCC 714)
TVS Collaborated with Whirlpool and
then failed to renew the trademark
trademark violation and Court ruled in
favour of Whirlpool
Conclusion: M is entitled for 'Trans-
border reputation'. The contention of N
is not valid. N infringed trademark of M.
M and N were workingtogether on an
invention. However, N disassociates
himself from M and starts working
independently. N applies for a patent
to the Controller of Patents. M comes to
know about this fact and tries to
oppose the patent grant in favour of
N. On what grounds an opposition may
be brought?
First to File Rule (FTF) and First to Conclusion: In the instant problem,
Invent Rule (FTI) while opposing the grant of patent to
N, M needs to prove that he is 'true and
Section 6ofPatentsAct, 1970:Who
first inventor' . When such opposition
can file patent application?
is pending N also needs to prove that
Section 1lA: Pre-grant opposition he is 'true and first inventor'.
25(1)(a) and 25(2)(a): Opposition to
patent
Section 25(1) of the PatentsAct,
1970: Grounds for opposition