Why These Cases Matter
IP law in India is significantly shaped by judicial decisions. The Supreme Court of India and the High Courts have repeatedly interpreted IP statutes in ways with far-reaching commercial consequences. These 10 judgments define what can be patented, how much it costs to infringe, and what protection your brand actually carries. Every business owner, founder, and IP practitioner must understand them.
1. Novartis AG v. Union of India — Supreme Court, 2013
Upheld Section 3(d) — the beta-crystalline form of Imatinib Mesylate (Gleevec) did not show enhanced therapeutic efficacy over the known salt form and was refused a patent. The most internationally discussed Indian patent judgment; cited as a model by developing nations and health advocacy groups globally. Impact: any new salt, polymorph, or metabolite of a known active ingredient must demonstrate measurable enhanced efficacy to be patentable in India.
2. Natco Pharma v. Bayer AG — IPAB, 2012
India's first compulsory licence — granted for Sorafenib Tosylate (Nexavar), reducing the price from ₹2.84 lakh to ₹8,800 per month. Established that compulsory licensing under Section 84 is a live and actionable remedy, not merely theoretical. Impact: any patent holder pricing essential drugs at multiples of manufacturing cost faces compulsory licence risk in India.
3. Eastern Book Company v. D.B. Modak — Supreme Court, 2008
India adopted the "skill and judgment" standard for copyright originality — rejecting "sweat of the brow." Bare law reports are not copyrightable; editorial additions, head notes, and formatting choices reflect sufficient intellectual effort. Impact: purely mechanical compilations or raw data do not qualify for copyright.
4. Bajaj Auto v. TVS Motors — Madras HC / Supreme Court, 2009
The most significant patent infringement dispute between Indian automotive companies — Bajaj's two-spark-plug technology vs. TVS's "Flame" engine. The Supreme Court denied the interim injunction and established that patent holders must demonstrate a strong prima facie case. Impact: complex technology patent disputes require detailed technical expert evidence before courts will grant interim relief.
5. IPRS v. Entertainment Network India — Supreme Court, 2008
Initially held that payment to music producers extinguished underlying author rights. The 2012 Copyright Amendment Act subsequently reversed this — restoring non-waivable royalty rights for composers and lyricists. Impact: every broadcast, streaming, and public performance of a song now involves separate royalty obligations to both producers and authors.
6. Amul / Kaira Co-operative — Well-Known Trademark Proceedings
AMUL declared a well-known trademark — enjoys cross-class protection across all 45 Nice classes. Impact: demonstrates the commercial value of well-known status. Any pharmaceutical company attempting to register "AMUL" for medicines will be refused.
7. Monsanto Technology LLC v. Nuziveedu Seeds — Supreme Court, 2019
Remanded for full hearing — left open the crucial question of whether biotech patents on plant-related inventions coexist with the PPV&FR Act's farmers' rights. Impact: the most commercially significant pending IP legal question in Indian agriculture; will determine the future of biotech seed licensing.
8. Navigators Logistics v. Kashif Qureshi — Delhi HC, 2018
Copying a company's customer database by a departing employee constitutes actionable breach of confidence — even without a dedicated Trade Secrets Act. Impact: the leading Indian judgment on trade secret protection and database misappropriation.
9. Prestige Housewares v. Sunrise Housewares — Bombay HC, 2010
Applied the "consumer impression" test for design piracy — whether the overall impression on the eye of an ordinary consumer is the same. Impact: the leading case on the test for design infringement under Section 22 of the Designs Act.
10. Tata Sons v. Manu Kosuri — Delhi HC, 2001
Registration of "tatainfotech.com" by a third party constituted passing off — domain name transferred to Tata. Impact: India's leading cybersquatting case establishing that domain names incorporating well-known trademarks are actionable under passing off. For the full legal framework behind these cases, see the India IPR Ready Reckoner.