Defense of ‘De Minimis’ in IP matters in India

Author: Nirupam Lodha (Khaitan & Co) and Malika Nandkeolyar (Khaitan & Co)
Published: 12.10.2022
Image by mohamed Hassan from Pixabay The principle of ‘de minimis’ is a common law principle that has been derived from the Latin maxim ‘De Mimimis Non-Curat Lex’, which essentially means that the law does not care for, nor take notice of, very small or trifling matters, and therefore does not require judicial scrutiny. This principle has not been statutorily recognized by most countries in the world; however, it has been recognized by the courts in India. The first Indian judgment to apply the ‘de minimis’ principle in the field of intellectual property was the decision of the Division Bench…