INTELLECTUAL PROPERTY CASE

INTELLECTUAL PROPERTY CASE

One of the famous patent Intellectual property cases was India vs US turmeric dispute. A US patent on turmeric was awarded to the University of Mississippi medical center in 1995.patent is for the "use of turmeric in wound healing". Two years later, a complaint was filed by the CSIR. They challenged the novelty of the granted patent.

United States Patent and Trademark Office started to investigate the novelty of this patent. In India, medicinally turmeric was used for thousand of years. It is a tropical herb grown in east India. The powdered product made from the rhizomes of its flowers has several popular uses and known worldwide. It was used as a dye, cooking ingredient, litmus in a chemical test and also medicinal uses. At last in 1997, the US Patent on turmeric was revoked. 

One of the famous trademark Intellectual Property cases was Brooke bond ltd vs. VC Patel and company. Brooke bond Ltd, a MNC and well reputed company in tea industry was the registered proprietor of the trademark label as Taj Mahal Tea. They were marketing various brands of tea of which one was Taj Mahal Tea. They sold in packets and cartons in distinctive color schemes like blue and orange with unique design and patterns. 

They did not export the tea instead sold exclusively in Indian market. Whereas VC Patel and Company introduced a brand of tea under the name Taj Tea. They exported the tea to Middle East countries and not sold within India. They sold same as Brooke bond with the words Taj Tea in English on two sides & in Arabic on other two sides. Brooke bond firm filed infringement suit against Patel firm. The case was filed as it was deceptively similar to its registered trade mark. But Patel firm agreed to change the color to red and yellow. But court insisted that the change would hardly make any difference and be of no consequences instead would lead to the possibility and like hood of deception or confusion. At last judgment was in favor of Brooke bond case.

One of the famous copyright Intellectual Property case was apple computer Inc. V. Microsoft Corporation was a copyright infringement lawsuit in which apple computer, Inc sought to prevent Microsoft Corporation and Hewlett packed from using visual graphical user interface (GUI) elements that WERE similar to those in Apple's Lisa and Macintosh operating system. The law suit was filed in 1988 and lasted four years the decision was affirmed on appeal in 1994, and Apple's appeal to the U.S Supreme Court was denied.