While the pandemic continues to influence businesses (especially their bottom lines and other internal budgets), it hasn’t necessarily brought intellectual property ideation, protection, commercialization and enforcement to a halt. In fact, businesses have found, and continue to find, new ways in which they create and protect their various intellectual properties.

Companies engaged in the pharmaceutical and FMCG industries, especially, continue to commit enormous resources, including time and money, into the creation, promotion and commercialization of their various intellectual property rights. Such activities, on some occasions, tend to push the boundaries of intellectual property law and, as a result, end up in litigation.

In this latest edition of the Intellectual Property Newsletter, we examine some key and interesting developments across patents, trade marks and copyrights. We examine the decision of the Division Bench of the Delhi High Court on a case of double patenting, before looking at a few decisions emanating from Courts across India on key aspects of trade mark law such as delay in filing suits, comparative advertising, trade dress litigation. We also look at, in the light of the pandemic, how parties to litigation are raising the defence of the effect of the pandemic on trade mark disputes in the pharmaceutical industry. The Newsletter also carries a brief analysis of a recent judgment in the fast-emerging aspect of arbitrability of intellectual property disputes.

Additionally, the Newsletter also carries some interesting updates on enforcement of copyright, especially over OTT platforms as companies continue to fight piracy on digital platforms. We then round up the Newsletter with some interesting updates on various areas of intellectual property law, including from abroad.

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