In 2023, India experienced a significant shift in its Intellectual Property (IP) regime, marked by a series of landmark developments. The year also witnessed revolutionary judicial pronouncements by Indian courts across various sub-sectors of the IP landscape.
This comprehensive compilation presents key insights into the most notable court decisions of 2023, encompassing a broad spectrum of IP-related issues. It includes landmark rulings on patentability disputes, interpretation and application of patent laws, the scope of claims, disputes over Standard Essential Patents (SEPs) and Fair, Reasonable, and Non-Discriminatory (FRAND) practices, as well as interpretations of Plant Varieties and Farmer’s Rights laws, and more.
Judicial developments pertaining to trademark holders’ rights, damages in trademark infringement and passing off cases, the establishment of well-known trademark rights, copyright infringement in the digital realm, royalty disputes, and related matters have also catalysed a paradigm shift in the application and perception of IP laws, presenting new opportunities for businesses and academic communities. Moreover, the Indian judiciary grappled with a multitude of disputes arising from emerging IP segments, including privacy and personality rights of celebrities, domain name conflicts, advertising and branding, Geographical Indications (GI), and design infringement.
These rulings not only establish new legal precedents but also underscore India’s dedication to fostering an environment conducive to the protection and enforcement of IP rights, thereby fostering innovation and creativity. Hence, it is essential for all stakeholders to stay informed about the latest developments in this field to capitalise on the evolving landscape of intellectual property in India.