Regulatory & Judicial Updates
Latest regulatory and judicial updates under Indian IP Laws such as, the Copyright Act, 1957, the Trade Marks Act, 1999, the Patent Act, 1970 and the Designs Act, 2000 are outlined below.
The Copyright Act, 1957
Delhi High Court cancels the copy right for lack of originality. Rajani Products V. Madhukar Varandani, Proprietor of M/s Naturalindia Oils and Proteins & Anr. [C.O.(COMM.IPD-CR) 16/2024 & I.A. 37850/2024; dt. November 24, 2025]
The Trade Marks Act, 1999
It is the distinctiveness not ‘uniqueness’ that governs the registrability of a trademark under Section 9(1)(a) of the Trade Marks Act, 1999 held Delhi High Court.
ADS Spirits Pvt. Ltd. V. the Registrar of Trade Marks [LPA - 688/2026 2026:DHC:7891; September 15, 2026]
In a case of ‘BLUE CHIP’ the Delhi High Court held that the Trade Marks Registry cannot remove a registered trademark from the Register for non-renewal without strictly complying with the statutory mandate u/s 25(3) of the Trade Marks Act, 1999.
Amrit Singh Mehta Trading as Mehta Cosmetics V. Controller General of Patents, Designs and Trade Marks [W.P.(C)-IPD - 5/2026 2026: DHC:6357; August 04, 2026]
The Delhi High Court held that a prior application filing date overrides subsequent commercial use of the mark by an applicant during statutory registration disputes.
Parle Products Pvt Ltd V. The Registrar of Trade Marks & Anr. [LPA - 316/2026 2026: DHC:6020-DB; July 28, 2026]
Delhi High Court in a trade mark dispute held dishonest adoption and suppression of prior rights vitiate Trademark registration.
S.S. White burs Inc. V. the Registrar of Trade Marks, & anr [C.O. (COMM.IPD-TM) 448/2022; dt. April 25, 2026]
Dissection of composite mark is impermissible under registration of trademarks held Delhi High Court.
Modi Woodspace Private Limited V. the Registrar of Trade Marks [C.A.(COMM.IPD-TM) 56/2025; dt. April 22,2026]
Delhi HC upheld the trademark rights.
Ganraj Enterprises V. Land Mark Crafts Pvt. Ltd & Anr.[C.A.(COMM.IPD-TM) 164/2022 & CRL.M.A. 10597/2024, I.A.22465/2022, I.A. 7890/2025; dt. December 2, 2025]
Delhi HC restrains the infringement of ‘Visage Beauty’s O 3+’ mark.
Visage Beauty and Healthcare Private Limited V. Freecia Professional India Private Limited & Anr. [CS(COMM) 633/2022 & I.A. 15016/2022 I.A. 383/2023; November 21, 2025]
Delhi HC restrains manufacturing of jars that are looking alike ‘Nutella’ and imposes cost in an infringement suit.
Ferrero Spa & Ors. V. Abhimanyu Prakash & Ors [CS(COMM) 65/2023; dt. November 19, 2025]
Delhi HC grants permanent injunction to ‘SanDisk’ in a trade dress dispute.SanDisk LLC V. M/s. Welborn Industries Private Limited & Anr. [CS(COMM) 448/2025; November 13, 2025]
Calcutta High Court restrains sale of deceptively similar products.
Moondust Paper Pvt. Ltd. V. Vinay Shaw and Others. [IP-COM/44/2024 ; dt. August 8, 2025]
The Trade Marks shall be compared as a whole without dissecting or excluding any part held Supreme Court.
Pernod Ricard India Private Limited & Another V. Karanveer Singh Chhabra [SLP(C ) No. 28489 of 2023; dt.August 14, 2025]
The Designs Act, 2000
The aspect of design privacy shall be examined from the perspective of an ‘instructed eye’ held Delhi HC. Aqualite Industries Private Limited V. Relaxo Footwears Limited [FAO(OS)(IPD) - 1/2022; dt. November 18, 2025]
The Patent Act, 1970
The Delhi High Court dismissed ITC Limited appeal of the Controller order dismissing post grant opposition and writ petition challenging the patent granted to Philip Morris Products S.A. for a "heated aerosol generating article".
ITC Limited V. The Assistant Controller of Patents and Designs & Ors. [WO - 25/2025 2026: DHC:7730; September 10, 2026]
Delhi High Court dismissed the Esteve Pharmaceuticals appeal and upheld the rejection of its patent application in respect of Tramadol and Celecoxib co-crystal on the ground of lack of novelty and lack of inventive step u/s 2(1)(ja) of the Patent Act, 1970.
Esteve pharamaceuticals S.A. V. controller of patents and designs. C.A.(COMM.IPD-PAT) - 118/2022 2026: DHC:6408; August 07, 2026]
In a historic order the Delhi High Court established India's first formal guidelines for evaluating patent exclusions u/s 3(m) of the Patents Act, 1970.
T-mobile international AG and CO. KG. Through mr. Tanmay Joshi, constituted attorney V. the Controller Genereal of Patents, Designs and Trademarks and Anr. [C.A.(COMM.IPD-PAT) - 149/2022 2026: DHC:6266; August 04, 2026]
The Delhi High Court upheld the rejection of a patent on the grounds of lack of novelty over the prior art u/s 2(1)(j), inventive step under Section 2(1)(ja) and non-patentability, failed to satisfy the therapeutic efficacy u/s 3(d) of the Patents Act, 1970.
Intra-cellular therapies, inc. V. the controller of patents [C.A.(COMM.IPD-PAT) - 24/2023 2026:DHC:5394; July 06, 2026]
Application for patent plastic "Static Mixer" used to blend molten polymers in injection moulding was rejected by the Delhi High Court for lack of novelty and an inventive step u/ss 2(1)(j) and 2(1)(ja) of the Patents Act, 1970, in respect of prior arts.
Sulzer Mixpac AG Vs Assistant Controller of Patents and Designs [LPA - 545/2024
2026:DHC:5166-DB; July 1, 2026]Approval of the National Biodiversity Authority under Biological Diversity Act, 2002 does not determine patentability of Inventions under the Patents Act, 1970 held Delhi High Court.
Shaafi Naturcure LLP V. Assistant Controller of Patents and Designs [C.A.(COMM.IPD-PAT) - 109/2022; dt. June 22, 2026]
Patent application for a low-cost, redundant control device for train controllers of Nippon Signal remanded to the Patent Office for fresh consideration.
The Nippon Signal Co., Ltd. Vs Assistant controller of patents and designs. [C.A.(COMM.IPD-PAT) - 84/2024; May 29, 2026]
Delhi High Court set aside the rejection of an invention related to agrochemicals.
Syngenta Participations AG V. Controller of Patents Designs [C.A.(COMM.IPD-PAT) - 49/2023; May 04, 2026]
Delhi High Court set aside the order of rejecting an invention involving a therapeutic oral protein delivery method.
VIB VZW & Anr V. the Controller of Patents And Designs [C.A.(COMM.IPD-PAT) - 30/2025; dt. April 29. 2026]
Deli High Court remanded the matter to the Controller for fresh consideration in a Patent prosecution involving Nippon Steel Corporation.
Nippon Steel Corporation V. the Controller of Patents. [C.A.(COMM.IPD-PAT) 488/2022; dt., April, 17,2026]
Rejection of patent application by the Assistant Controller of Patent and Designs for an insecticidal composition upheld by the Delhi High Court.
Crystal Crop Protection Limited. V. Sudpita Dey Assistant Controller of Patents and Designs & Ors. [C.A.(COMM.IPD-PAT) 86/2022; DT. APRIL 8, 2026]
Controller should afford hearing to the applicant in case of adverse report by the examiner held Bombay High Court.
Vishal Prafulsingh Solanke & Anr. V. Controller of Patents and Designs & Ors. [CMP No. 110 of 2025; dt. March 09, 2026]
An order that does not deal with the submissions advanced suffers from manifest non-application of mind held Delhi High Court.
PPC Broadband Inc V. the Assistant Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 67/2024; February 9, 2026]
Delhi High Court directed to re-examine the matter on merits in a patent involving NBA approval.
Manu Chaudhary V. Controller of Patents and Design [C.A.(COMM.IPD-PAT) 36/2024; dt. February 7, 2026]
Delhi High Court remanded the matter to the Controller in a post-grant opposition filed by ITC Limited.
ITC Limited V. the Assistant Controller of Patents and Designs and Anr [C.A.(COMM.IPD-PAT) 44/2024 & I.A. 33003/2024; dt. January 12, 2026]
Delhi High Court upheld the rejection of patent application for diagnosis of cancer using olfactory response of nematodes.
Hirotsu Bio science INC V. Assistant Controller of Patents and Designs [C.A. (COMM.IPD-Pat) - 45/2023; dt, January 17, 2026
Controller is required to provide speaking order on lack of novelty of an invention held Delhi High Court.
Steigerwald Arzneimittlewerk Gmbh V. Assistant Controller of Patents and Designs [C.A.(Comm.IPD-PAT) - 423/2022; dt. January 09, 2026]
Patent application of ‘Titan Company Limited’ remanded to the patent office for fresh consideration.
Titan Company Limited V. the Controller of Patents & Designs. [C.M.A.(PT) No.44 of 2024; dt. December 11, 2025]
Injunction not granted to ‘Novo Nordisk’, Delhi HC allows Dr. Reddy labs to manufacture and export ‘Semaglutide’.
Novo Nordisk as V. Dr. Reddys Laboratories Limited & Anr. [CS(COMM) 565/2025 & CRL.M.A. 21608/2025 I.A. 14076/2025; dt. December 2, 2025]
The Delhi High Court set aside the patent office's rejection of an invention related to "zero-liquid-discharge" a process patent to recover Potassium Sulphate and other valuable products from distillery waste.
Tapas Chatterjee V. Assistant Controller Of Patents and Designs & Anr. [CM APPL. No: 66722 of 2023; dt. October 6, 2025]
A patentable invention should able to show technical advancement over prior art held Delhi HC.
Saint Gobain Glass France V. Assistant Controller of Patents and Designs & Anr. [IA 8261 of 2024; dt. September 11, 2025]
Controller is required to hear the objections, raised in first examination report (u/s 14) and pre-grant opposition (u/s 25(1)), separately held Calcutta HC.
UPI Limited vs Union Of India & Ors. [WPA-IPD No.3 of 2024; dt. September 16, 2025]
Delhi High Court grants interim relief to ‘Largan Precision’ in a patent related to Smart phone camera technology.
Largan Precision Co. Ltd V. Honor Device Co. Ltd. [CS (COMM) 793 of 2025; dt. August 5, 2025]
Inventions relate to ‘algorithm’ and ‘computer programme per se’ are not patentable under Indian law held Delhi High Court.
Kroll Information Assurance, LLC V. The Controller General of Patents, Designs, and Trademarks. [C.A.(COMM.IPD-PAT) 439 of 2022; dt. July 1, 2025]
Notifications: The Patent Act, 1970
Guidelines for examination of Ayush related inventions:
Office of the Controller General of patents, designs and Trade Marks, Government of India (“Regulatory Body”) notified the “guidelines for examination of Ayush related inventions” (in short “Guidelines”) on September 23, 2025.
Ayush is a traditional and non-conventional systems of healthcare and healing comprising medical systems such as Ayurveda, Siddha, Unani, Sowa-Rigpa, Homoeopathy and Yoga & Naturopathy. The Guidelines covers inventions related to Ayush systems of healthcare.
Ayush related inventions include:
a) Ayush products and equipments & devices;
b) Products related to food recipes and nutraceuticals based on Ayush systems.
According to the Guidelines, the Biodiversity Act, 2002, the Patent Act, 1970, rules framed thereunder and the procedures prescribed by the Regulatory Body are applicable to Ayush related inventions.
Further, while examining the inventions related to Ayush, the Indian Patent office conducts prior art search to evaluate the novelty and inventive step using the "Traditional Knowledge Digital Library" (TKDL) which allows search on above stated Indian systems of medicines. (list of some databases are provided in the Annexure-I to the Guidelines).
Quarterly Update - IP Law
Quarterly Update-IP Law comprises latest regulatory updates and judicial pronouncements of the respective quarter under Indian IP Law. Please click on the link to view.