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Patent Tag

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Patent, Trademark
June 10, 2020

The tradition of awarding damages to the IP right holder has got a boost as many High Courts have awarded punitive damages in variety of forms apart from monetary compensation. In a recent judgement of Hon’ble Delhi High Court in Reckitt Benckiser (India) Pvt. Ltd Vs. Mohit Petrochemicals Pvt. Ltd. & Anr, the Hon’ble court passed an order awarding damages of Rs. 1,00,000/-, which was asked to be deposited in the Juvenile Justice Fund by the defendant who was selling...

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Patent, Trademark
May 12, 2020

  IP prosecution and application stages before IP registry not affected by limitation; confirms Delhi High Court. The High Court of Delhi, vide order dated 11.05.2020 in W.P. (C) No. 3059/2020, suspended the public notice dated 04.05.2020 issued by Controller General of Patents, Designs and Trademarks (CGPDTM). On previous occasions, the CGPDTM had also issued similar notices which in sum and essence stated that any limitation with regard to payment of fees, filing reply etc. that expired within the lockdown period shall...

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