Latest IP Insights
GUI Registration under Design Laws in India: Calcutta High Court Settles the Debate
Nearly three years ago, we wrote about the “hope” for GUI registration under Indian design laws, drawing upon the then-nascent jurisprudence emerging from the Hon’ble Calcutta High Court in UST Global (Singapore) Pte. Ltd. vs. The Controller of Patents and Designs .
In this judgment, Hon’ble Kolkata High Court had remanded the matter back to Controller for fresh consideration, and the question of GUI registrability remained legally unsettled.
In a recent case, on March 9, 2026, Hon’ble Justice Ravi Krishan Kapur of Calcutta High Court (IPD) delivered a landmark judgment in a batch of five consolidated appeals- NEC Corporation vs. The Controller of Patents and Designs, ERBE Elektromedizin GmbH vs. The Controller of Patents and Designs, Abiomed Inc. vs. The Assistant Controller of Patents and Designs, and TVS Motor Company Limited vs. The Assistant Controller of Patents and Designs- holding unequivocally that “GUIs are eligible for design registration under the Act”, subject to satisfaction of the criteria as enumerated under Sections 2(a) and 2(d) on a case-by-case basis.
Postscript: The Division Bench Clarifies the Scope of Informed Consumer Test
Since the publication of an earlier article examining the evolving contours of the “average consumer test in an informed society” [Read here: https://ssrana.in/articles/the-average-consumer-test-in-an-informed-society/], the Division Bench of the Delhi High Court has now delivered its judgment in Mountain Valley Springs India Pvt. Ltd. Vs. Baby Forest Ayurveda Pvt. Ltd. FAO (OS) (COMM) 111/2024, decided on February 27, 2026. The decision provides important clarification on the relationship between modern consumer behavior and traditional trademark confusion tests.
The appeal arose from the order of the Single Judge refusing interim injunction against the use of the mark “BABY FOREST” by the Defendant for their baby care products, which was alleged by the Plaintiff to be deceptively similar to its trademark FOREST ESSENTIALS. The Ld. Single Judge had reasoned that in contemporary markets, particularly in the context of premium products, consumers are more informed and capable of verifying the origin of goods. Consequently, even if a consumer initially experiences a “state of wonderment,” they may verify the brand before making a purchase.
Delhi High Court Rules Against Peru’s Exclusive Claim Over ‘Pisco’ GI: A Landmark Ruling in Indian IP History
In a significant ruling concerning the Geographical Indications of Goods (Registration and Protection) Act, 1999 the Delhi High Court has dismissed the Embassy of Peru’s appeal (In the Matter of Embassy of Peru v. Union of India and Ors 2026:DHC:2259-DB) seeking an exclusive Geographical Indication (GI), “GI PISCO”, over the alcoholic beverage known as Pisco, holding that both Peru and Chile possess legitimate and long-standing claims to the name.
Assessing Trademark Infringement: The Enduring Benchmark of the Triple Identity Test
Indian Courts have consistently applied the triple-identity test while assessing similarity between marks and the potential likelihood of confusion. On December 08, 2025, the Hon’ble Delhi High Court granted an ex parte ad-interim injunction in Delhi Public School Society v. Delhi Public School International Bhiwadi & Ors. [CS(COMM) 1247/2025] restraining a Rajasthan-based educational institution from using the name ‘Delhi Public School International’ and the abbreviation ‘DPS’. The Hon’ble Delhi High Court observed that the Defendant’s conduct clearly and unequivocally satisfied the requirements of the triple-identity test and a prima facie case of trade mark infringement and passing off was made out.
Software Patents in India: Takeaways from the RxPrism v. Canva Decision
In today’s digital economy, innovation no longer resides solely in tangible machines or physical products, it increasingly lies in lines of code, layered interfaces, and seamless user experiences. As global platforms race to roll out new features at scale, a crucial question emerges: where does innovation end and infringement begin?
The recent decision of the Hon’ble Delhi High Court in RxPrism Health Systems Pvt. Ltd. v. Canva Pty Ltd. & Ors., brings this question sharply into focus. At the heart of the dispute was Canva’s popular “Present and Record” feature, which was alleged to infringe an Indian patent held by RxPrism, a domestic technology start‑up.
A Classic Case of Suppression: Bombay High Court Vacates Ex Parte Injunction in Elder Projects v. Elder Nutraceuticals
The Bombay High Court’s recent judgment in Elder Projects Ltd. v. Elder Nutraceuticals Pvt. Ltd. serves as a stark reminder that ex-parte injunctions being extraordinary remedies demand the highest standard of candour from plaintiffs. Justice Sandeep V. Marne, by an order dated 9 March 2026, vacated an ex-parte ad-interim injunction previously granted to Elder Projects Ltd., finding that the plaintiff had secured the order by grossly suppressing material facts across four distinct categories. Resultantly, Hon’ble Court also imposed on the Defendant, a cost of rupees one lakh.
The case underscores a fundamental principle: a litigant who approaches the court with unclean hands forfeits all entitlement to equitable relief, irrespective of the underlying merits of the claim.
Can Third Parties Challenge Trade Marks Before Advertisement? Madras High Court Weighs In
In India, as in many other jurisdictions, the trade marks registration process has clearly been demarcated into specific stages, uniquely balancing the rights and interests of third-parties and the applicants. A trade mark application, as per both statute and convention, first undergoes the administrative stage of formalities check for any irregularities, passing which, it reaches the stage of thorough examination by the trade marks examiner, who scrutinizes the application for possible contraventions with the provisions of Trade Marks Act, 1999 and Trade Marks Rules 2017 (hereinafter referred to as “the Act” and “the Rules”). It is only following this stage, once an application is advertised in the Trade Marks Journal, does it become open to oppositions by third-party actors. Section 21 of the Act allows “any person” to challenge a trade mark application, post its journal advertisement by way of a formal opposition.
Latest Corporate Insights
What’s in a Name? For a Company, Everything
An individual’s name is a fundamental part of their identity. It shapes how others recognize them, carries their reputation, and over time becomes associated with their story. The same holds true for a company. When an entrepreneur registers a business, the name chosen is not just a legal requirement, it forms the foundation of the brand, represents its values, and becomes the basis on which trust is built over time.
This is why the Ministry of Corporate Affairs (MCA) has taken a firm stance in its Advisory for Stakeholders on Name Reservation and Incorporation of Company and LLP (March 2026). The key takeaways as per the MCA’s advisory, illustrated with real examples of rejected applications, and concludes with a reflection on how the name reservation process itself can evolve to serve entrepreneurs better is mentioned below.
WhatsApp Usernames: A Legal Perspective on the Shift from Phone Numbers to Unique IDs
WhatsApp’s anticipated transition from phone-number-based identification to usernames and unique IDs marks one of the most significant structural changes in the platform’s history. While the move is being celebrated as a privacy win for users, it raises a host of complex legal questions spanning data protection, identity verification, cybercrime, and consumer rights.
For over a decade, phone number has served as the foundational identifier on WhatsApp – functioning simultaneously as a login credential, a contact discovery mechanism, and a proxy for real-world identity. Its replacement with usernames and platform-assigned unique IDs represents not merely a feature update, but a fundamental rethinking of how the platform mediates identity, access, and communication.
TRAI’s Crackdown on Spam Calls and AI-Driven Telemarketing
Unsolicited commercial communications—commonly experienced as spam calls and messages—have long undermined consumer trust in India’s telecom ecosystem. Despite years of regulation, the problem has intensified with the emergence of AI-enabled calling technologies, including robo-calls, automated diallers and voice-cloning tools that allow impersonation at scale. India ranks among the world’s spam hotspots, with consumers losing ₹36.45 lakh to fraud in just one year.
According to the 2025 India Insights Report, Indian mobile users received a staggering 4,168 crore spam calls over the past year, highlighting the growing scale of digital fraud and communication risks across the country. In response, the Telecom Regulatory Authority of India (hereinafter referred to as the “TRAI”) has significantly strengthened its regulatory framework through recent amendments and proposals awaiting approval. These measures mark a decisive shift from complaint-driven regulation to preventive, technology-led enforcement.
Easing of FDI Norms for Land Bordering Countries: A Calibrated Policy Shift and Its Practical Impact
India’s foreign direct investment regime has undergone a noticeable shift over the last few years, shaped both by global economic conditions and domestic policy priorities. While India has continued to attract steady foreign capital, particularly into manufacturing and technology-linked sectors, it has also tightened its regulatory lens in areas involving ownership and control.
This tension was most visible in April 2020, when Press Note 3 introduced a broad approval requirement for investments connected with countries sharing land borders with India. The objective at the time was clear. It was designed as a protective measure in response to concerns around opportunistic acquisitions during a period of economic uncertainty.
Latest POSH Insights
Calling Women Offensive Names is Workplace Misconduct
Workplaces across the world continue to grapple with the challenges of maintaining dignity, equality, and respect for all employees. Although many employers claim to foster inclusive environments, reality often reveals a different story—where biases, stereotypes, and casual “banter” cross professional boundaries and cause significant emotional harm. Courts and tribunals globally are increasingly sending a strong message: harassment of any kind will not be tolerated, and employers must take proactive steps to protect their workforce.
A recent UK Employment Tribunal judgment delivered on November 26, 2025, serves as a striking example.
BCI Issues Comprehensive POSH Compliance Guidelines
In a significant development aimed at strengthening workplace safety within India’s legal fraternity, the Bar Council of India (BCI) has issued an extensive set of guidelines calling for mandatory adoption of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) compliant mechanisms across bar associations, law offices, State Bar Councils, and the BCI itself.
This move comes at a pivotal moment as the Supreme Court of India is presently hearing a crucial petition filed by the Supreme Court Women Lawyers Association (SCWLA). The petition challenges earlier judicial interpretations—particularly the Bombay High Court ruling—which excluded Bar Councils from the definition of “workplace,” thereby denying women advocates the protections available under the POSH Act due to the absence of a conventional employer–employee relationship in the legal profession.
Himachal Pradesh Police Orders Statewide POSH Compliance Audit
In a significant move aimed at strengthening workplace safety and ensuring dignity for women within the workforce, the Director General of Police (DGP), Himachal Pradesh has ordered a comprehensive statewide audit to assess compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as POSH Act) across all police units and establishment in the state. The directive underscores the state police’s commitment to maintaining a harassment-free environment and reinforcing institutional accountability.