Anabiya Habib

The Calcutta High Court is set to become only the third court in India to introduce a bench specifically assigned to hear cases involving intellectual property (IP). The Delhi High Court and the Madras High Court are the other two courts with a specialized roster for IP matters.

The Delhi High Court ruled in Pioneer Overseas Corporation v. M/s Evercrop Agro Science & Star Agrotech Pvt. Ltd. (CS(COMM) 759/2024), a significant case addressing plant variety infringement under the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FR Act). This law grants breeders exclusive rights over the registration, production, and commercialization of plant varieties. Any unauthorized use constitutes infringement, under S.64 of the Act, entitling the aggrieved party to injunctive relief, damages, and restitution.

In a recent trademark and design infringement case brought before the Delhi High Court, the Court issued an ex parte ad interim injunction in favour of the Plaintiff, Pidilite Industries Limited, restraining the Defendants, John Doe(s) /Ashok Kumar(s) & Ors, from manufacturing, authorising the manufacture, selling, importing, exporting, retailing, distributing, marketing and/or using or dealing in the products identical and/or deceptively similar to the Plaintiff’s trademarks DR FIXIT and ARALDITE either as a trademark, trading name, domain name or as a part of the packaging, artwork, get-up, layout, designs or in any manner whatsoever.

In Nippon Steel v The Controller General of Patents, Designs and Trademarks (CA (COMM IPD-PAT) 323/2022, 2024:DHC:6514), the Delhi High Court has adjudicated on core issues concerning patent eligibility assessments of inventions under Section 3(d) of the Patents Act 1970. The court set aside the Indian Patent Office (IPO)’s refusal order from 16 March 2024 and remanded the matter for reconsideration.