07 Feb 2018

The year of 2017 saw some major developments in the Indian Copyright system, of which the merger of the Copyright Board with the Intellectual Property Appellate Board (“IPAB”) through the Finance Act, 2017 (came into force on 1st April 2017) was a significant highlight. As part of the Finance Act, 2017, certain sections of the The Copyright Act, 1957 (hereinafter, “the Act”) and The Trade Marks Act, 1999, were also amended, to primarily replace the Copyright Board with the Appellate Board, and related references, with a view to create a single forum.   >>

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02 Feb 2018

Patent Related Developments in 2017

The year 2017 saw several positive changes to India’s IP landscape. These include the Government’s efforts to promote IP protection and awareness, DIPP’s scheme of Modernization and Strengthening of Intellectual Property Offices[1], steps taken by office of the Controller General of Patents, Designs and Trademarks (CGPDTM) to streamline the process of filing and prosecution, and issuing of revised guidelines for examination of Computer Related Inventions. Further, Indian courts too interpreted patent laws more liberally than before.>>

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23 Aug 2017

The enactment of the Trade Marks Rules, 2017, has paved the way for formal registration of “well-known” Marks in India. Although India did recognise Well-Known marks earlier (through its Trade Marks Act, 1999, which came into force on September 15, 2003), there was no provision for their formal registration. After the 1999 Act, the Indian Trademark Registry made efforts to consolidate marks that, over a period of time, were recognised as “well-known” by various Courts, Tribunals, Registrar etc. and made available this list online which has 81 “well-known” marks. >>

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12 May 2017

It is a well-known fact that India as a country is rich in traditional knowledge (TK) which has been passed on across generations. Indian traditional knowledge is expressed in languages such as Sanskrit, Arabic, Persian, Urdu and Tamil; there is also a large body of unwritten knowledge that is passed on orally from one generation to another. Ancient traditional knowledge is vital to the identity of most local communities in India. TK also helps local communities thrive by way of culture, healthcare, trade and development, etc. TK is being commercially exploited in India and other countries by patenting. Patenting the already existing TK prejudices the interests of rightful owners and prevents others from using such TK.>>

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02 May 2017

When a patent application is filed in multiple jurisdictions, the applicant is obligated to disclose details of filing in other jurisdictions, to the Indian Patent Office. The details to be disclosed include application number, date of filing, jurisdictions/country(ies) in which the application has been filed, date of publication, date of grant, and status of the application(s). Objective of the section is to keep the controller/patent office apprised about the filing and processing of patent applications based on same or similar inventions in other jurisdictions.>>

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09 Mar 2017

In a constructive attempt to streamline, simplify and expedite the trademark registration processes, the Trade Mark Rules, 2017 have been notified and came into effect from March 6th 2017. In consonance with the National IPR Policy, 2016, the Rules also introduce specific provisions for Start-Ups and Small Enterprises to stimulate and promote innovation and creativity among such entities.>>

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02 Mar 2017

India’s trademark system continues to evolve. The advent of the new IP Policy in 2016, along with constant steps taken by the TM Registry to digitise processes, has yielded visible improvements towards quicker registrations in India. Once the new trademark law comes into force the regime is only going to get stronger and more business friendly.>>

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27 Sep 2016

Three-Dimensional printing (3D printing or Additive Manufacturing) refers to the development of 3D physical objects from 3D digital model data in computer-aided design (CAD) or additive manufacturing (AM) file formats using computer-controlled 3D printers. The CAD files could be generated by scanning the real world objects that need to be printed or by designing objects digitally on a computer. 3D printing enables printing of any 3D physical object and considering the application of 3D printing technology in numerous fields, there is no doubt that it is one of the more important and exciting emerging technologies. 3D printing mitigates the complexities involved in manufacturing across various sectors and simplifies the processes.>>

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19 Sep 2016

In its recent judgment on Cub Pty Ltd. Vs. Union of India (Foster’s Beer), the Delhi High Court concluded that for capital gains arising from the sale of intangible assets such as trademarks, brand logos etc., the situs of the owner of the intangible asset should be considered. This judgement relied on the legal maxim Mobilia Sequuntur Personam, which literally means “movables follow the law of the person”. Intellectual properties being “movable properties”, the court applied this maxim and concluded that income from assignment of trademarks is taxable only in that jurisdiction where the owner of the mark is resident.>>

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01 Sep 2016

This morning, when I opened my inbox, one email in particular surprised me. The email contained our first ever “e-certificate” for a trademark application filed just about one year ago! In the past, such prompt action by Indian IP Offices was almost unheard of. But clearly, the technology-enabled procedural changes introduced over the past year or so have begun to bear fruit.>>

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