The case revolved around an international patent application filed by Arcturus Therapeutics Inc., a biopharmaceutical company specialising in RNA therapeutics, concerning an invention titled “Ionizable Cationic Lipid For RNA Delivery.” The application had been refused by the Assistant Controller of Patents on technical grounds, without a substantive evaluation of the invention’s merit, prompting the appellant
The dispute arose from a commercial falling-out between Arpita Agro and ITC over the use of trademarks and trade dress associated with the herbal floor cleaner brand “NIMYLE,” originally owned and marketed by Arpita Agro but sold to ITC in 2018 for a consideration exceeding INR 100 crores. The Delhi High Court was tasked with
The present case involves a trademark dispute between two pharmaceutical companies, M/s Apex Laboratories Pvt. Ltd. (Plaintiff) and Macleods Pharmaceuticals Limited (Defendant), over the use of trademarks for their respective antihistamine drugs. The plaintiff, Apex Laboratories, sought a permanent injunction against the defendant, restraining them from using the trademark “BELATIN,” which it claimed was deceptively
Section 3(b) of the Indian Patents Act, 1970 (act), prohibits the patenting of an invention that is intended to be used or exploited in a way that could be contrary to “morality” or which “causes serious prejudice to human, animal or plant life”. Assessment of morality and serious prejudice to life is left to the sole