Category: DPIIT

Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration

Date: 29.08.2026

Compilation of Judicial Decisions on Indian Intellectual Property Rights

India’s intellectual property (IP) regime continues to evolve rapidly, with courts issuing pivotal judgments that clarify, reinforce, and sometimes reshape the legal landscape. This article presents a detailed review of the most significant judicial decisions from July 2026, as compiled by the Office of the Controller General of Patents, Designs & Trade Marks. The focus spans patents, copyrights, designs, and trademarks, offering insights for practitioners, businesses, and scholars alike.

Patents: Defining Inventive Step, Product Claims, and Exclusions

1. Pharmaceutical Combinations and Section 3(d) Bar

• Case: ARRAY BIOPHARMA INC v. Deputy Controller of Patents and Designs
• Key Takeaway: The Delhi High Court clarified that a product claim for a combination of distinct active drugs is not barred by Section 3(d) of the Patents Act. The court emphasized that such combinations, when supported by clinical data showing technical advancement, are patentable even if the specification includes administration schedules. The decision also reinforced that product claims should not be rejected as “methods of treatment” merely due to functional descriptors in the claims.

2. Inventive Step and Reasoned Orders

• Case: DEEPAK NITRITE LIMITED v. Assistant Controller General of Patents and Designs
• Key Takeaway: The Bombay High Court set aside a patent rejection for lack of a reasoned order. The court held that patent office decisions must be based on clear, substantiated reasoning, especially when relying on “common general knowledge.” The inventive step must be assessed holistically, considering the integrated process and technical advancement.

3. Therapeutic Efficacy in Pharmaceutical Patents

• Case: INTRA-CELLULAR THERAPIES, INC. v. Controller of Patents
• Key Takeaway: The court reaffirmed that increased bioavailability or improved physicochemical properties alone do not satisfy Section 3(d) unless there is evidence of enhanced therapeutic efficacy. The applicant must demonstrate a corresponding improvement in medical outcomes.

4. Obviousness and Prior Art

• Case: SULZER MIXPAC AG v. Assistant Controller of Patents and Designs
• Key Takeaway: Minor modifications of known techniques, even if they improve performance, are not patentable unless they represent a non-obvious technical advance. The court clarified that the substance of the inventive step inquiry is more important than strict adherence to judicial formulas.

5. Mental Acts and Patent Exclusions

• Case: T-MOBILE INTERNATIONAL AG AND CO. KG. v. Controller General of Patents, Designs and Trademarks
• Key Takeaway: The Delhi High Court issued guidelines for assessing exclusions under Section 3(m), clarifying that claims must be evaluated as a whole. Exclusions target purely abstract or mental acts, not technical implementations involving tangible outputs.

Copyright: Fair Dealing, Moral Rights, and Digital Challenges

1. AI Training and Fair Dealing

• Case: ANI MEDIA Pvt. Ltd. vs. OPEN AI OPCO LLC
• Key Takeaway: The Delhi High Court held that using copyrighted works for AI training can qualify as fair dealing under Section 52(1)(a), provided the use is internal, non-commercial, and does not result in substantial reproduction. The court recognized the evolving nature of “research” in the digital age.

2. Artistic Work and Trade Dress

• Case: OPELLA HEALTHCARE GROUP v. PURECA LABORATORIES PVT LTD
• Key Takeaway: The court granted summary judgment against a defendant whose label was a colourable imitation of the plaintiff’s well-known packaging, reinforcing the protection of trade dress as artistic work.

3. Moral Rights and AI Deepfakes

• Case: PREITY G. ZINTA v. GOOGLE LLC & ORS.
• Key Takeaway: Unauthorized creation and dissemination of AI-generated deepfakes and morphed content violate a performer’s moral rights under Section 38-B, justifying urgent injunctive relief.

4. Ownership of Musical Works

• Case: SAREGAMA INDIA LTD. V. BLACK MADRAS FILMS & ORS.
• Key Takeaway: Copyright in musical compositions is distinct from sound recordings and cinematograph films; composers retain rights in their works even when incorporated into films.

Designs: Novelty and Litigation Costs

1. Design Infringement and Prior Publication

• Case: CROCS INC USA V. M/S BATA INDIA LTD AND ORS.
• Key Takeaway: Lack of novelty and prior publication can invalidate a registered design. Successful defendants are entitled to recover actual litigation costs, emphasizing the need for parties to assess the strength of their case before pursuing litigation.

Trademarks: Well-Known Marks, Passing Off, and Procedural Safeguards

1. Well-Known Marks and Cross-Class Protection

• Case: COLUMBIA PICTURES INDUSTRIES, INC v. REGISTRAR OF TRADE MARKS & ANR
• Key Takeaway: A mark need not be formally declared “well-known” to claim cross-class protection; evidence of reputation and recognition is sufficient. The Registrar must consider well-known status claims before focusing on goods’ dissimilarity.

2. Priority of Application vs. Actual Use

• Case: Parle Products Pvt. Ltd. v. The Registrar of Trade Marks & Anr.
• Key Takeaway: In registration disputes, the date of application determines priority, not the date of first use, unless the dispute involves passing off. Administrative delays by the Registry cannot penalize diligent applicants.

3. Deceptive Similarity in Pharmaceuticals

• Case: SUN PHARMA LABORATORIES LTD. v. FINECURE PHARMACEUTICALS LTD. & ORS
• Key Takeaway: Even minor differences in pharmaceutical trademarks can cause confusion; public interest justifies a stricter approach to similarity. Delay in seeking relief does not defeat an injunction in such cases.

4. Restoration and Procedural Compliance

• Cases: ARUN KUMAR GUPTA V. REGISTRAR OF TRADE MARKS and AMRIT SINGH MEHTA TRADING AS MEHTA COSMETICS V. CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADE MARKS
• Key Takeaway: Removal of a trademark for non-renewal is invalid without issuing the mandatory renewal notice; procedural safeguards protect proprietors’ rights.

Conclusion

The July 2026 judicial decisions underscore the Indian judiciary’s nuanced approach to balancing innovation, public interest, and procedural fairness in IP law. Stakeholders should closely monitor these developments to ensure compliance and to leverage evolving legal standards in protecting their intellectual property.

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Source: DPIIT

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Ravi Shekhar Jha – Advocate, Bar Council of Delhi