Question of claim amendments by patentee in India

We would discuss hereinbelow the various scenarios when the patentee can seek amendment of the specification and claims of his patent. Further this Article would examine as to when and when not the patent amendment should be allowed during pendency of patent infringement suit. The Author, at the end, presents a hypothetical case to raise questions unanswered by Indian courts at the moment. The statutory provisions containing amendment of patent applications/patents are contained in sections 57 to 59. Section 57 explains that an Application for Amendment can be filed to the Patent Office any time after grant of the patent,... Read More

Viacom vs. YouTube

Technology seems to have found its place in the courtrooms also, these days. Viacom, an American global mass media company, sued YouTube, a video-sharing site owned by Google on the basis that YouTube had indulged in rampant intentional copyright infringement of videos which were originally owned by Viacom. This suit was for a mind boggling $1 billion. YouTube, being popular among the masses, gets 800 million users a month and roughly 60 hours of new videos are uploaded to the site every minute. Viacom filed a complaint against YouTube on March 13, 2007, alleging that the later had uploaded the... Read More

Gucci vs. Guess

Copying has become quite common in today’s times, and especially when a lower priced product or a small company imitates an expensive brand. However, a trademark infringement fight between two top most fashion brands is not something that we usually see. Back in 2009, Gucci sued Guess for trademark infringement over the stylized initial “G”. The proceedings of the case started before the US district court in Manhattan on Thursday (5’th April 2012) after 3 years and is expected to remain in federal court for weeks. This lawsuit is the biggest fashion fight of its kind since Christian Louboutin sued... Read More

Setback for Force India

It seems like all is not well in the kingdom of the King of Good Times. Vijay Mallya, who is already facing a host of financial difficulties, with his airlines accumulating losses and statutory authorities putting pressure on the management to pay up the liabilities,has received yet another jolt. His F-1 team Force India lost an IP case against Aerolab SRL, a former designer of Force India cars. Force India had entered into an aerodynamic development contract with Aerolab SRL in 2008.  The contract was however terminated by Aerolab, following a payment default by Force India in 2009. Aerolab, then... Read More