India: Trademark

In a recent ruling concerning trademark infringement in pharmaceuticals, a Division Bench of the Delhi High Court set aside a permanent injunction that restrained Intas Pharmaceuticals from selling its anti-cancer drug under the mark BEVATAS. The decision is significant for two reasons. First, it pushes back against the principle of “even the slightest possibility of confusion” which is standard in pharmaceutical cases due to the Supreme Court’s ruling in Cadila Healthcare (2001).

Africa is becoming an increasingly important market for global brands. With a combined GDP of more than USD 3 trillion, a fast-growing urban middle class, and stronger regional trade driven by the African Continental Free Trade Area (AfCFTA), the continent offers significant opportunities for business expansion.

In ANI Media Pvt. Ltd. v. Open AI OpCo LLC, CS(COMM) 1028/2024, the Delhi High Court delivered a significant judgment on the intersection of copyright law and Generative Artificial Intelligence. Deciding an application for interim injunction, the Court examined questions concerning the use of copyrighted works for training Large Language Models (LLMs), the scope of copyright infringement arising from AI-generated outputs, the applicability of the fair dealing exception under Section 52 of the Copyright Act, 1957, and the territorial jurisdiction of Indian courts over AI developers operating through servers located overseas.