Published On: 01/04/2016

Practice Area: Intellectual Property


The Office of the Controller General of Patents, Designs and Trademarks released Guidelines for Examination of Computer Related Inventions in the beginning of this year. A set of guidelines was first issued in 2015, but was severely criticized. The said guidelines widened the scope of patenting of software beyond what has been provided under the patent law. The same were recalled then and have been re-issued recently. Separately, the Delhi High Court dealt with a case of cybersquatting and reasoned on the principles of personality rights (right to privacy and right of publicity – of famous personalities), which are evolving in India. Another case discussed the principles of territorial jurisdiction in suits of passing off. The important changes that we saw in the first quarter of 2016 are summed up herein.