Mr Subhajit Banerji

Subhajit Banerji


Intellectual Property

Courts address application of de minimis principle to copyright cases
India | 03 February 2014

The Copyright Act specifically provides for a window for certain acts that will not be considered an 'infringement' of works in which copyright subsists. The Indian courts have recently relied on the de minimis argument as a valid defence for infringement allegations, arguing that some issues are so minor in nature that the courts will not categorise them as contentious at all.

Court issues contrasting rulings on duty of disclosure in patent applications
India | 22 July 2013

The Indian Patent and Trademark Office (IPO) has established rules concerning the submission of material information known to a patent applicant. These rules define an applicant's duty of disclosure. Two decisions of the Delhi High Court have made clear that it is better to be cautious than to risk revocation of a patent on procedural grounds. Applicants should therefore disclose all material information in their control to the IPO.

Supreme Court offers limited definition of 'efficacy' under Patents Act
India | 07 May 2013

In a recent judgment the Supreme Court finally interpreted the term 'efficacy' in the context of patentability. The court did not completely eliminate from the definition any non-therapeutic properties of a known form that could be understood to increase efficacy. As the court refused to rule on the exact scope of 'therapeutic efficacy', the case sets a limited precedent and leaves room for further discussion.