14 Jun 2019

The Delhi High Court has come down heavily on the tactics of concealment of real defendants in Intellectual Property (IP) Infringement cases utilized by plaintiffs with the aim of obtaining ex-parte injunction.  In a recent trademark infringement and passing off dispute between Bata India Limited vs Chawla Boot House & Anr[1], the Delhi High Court ruled that Plaintiff’s approach of impleading an unknown party as ‘Defendant No. 1’ was impermissible in law and directed stringent actions from the High Court Registry to control such misuse in all IP disputes.>>

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11 Jun 2019

The Department for Promotion of Industry and Internal Trade vide their press statement dated 30th May 2019 has proposed to introduce the Copyright Amendment Rules, 2019[1] (hereinafter “Rules”) primarily to address and adapt to ongoing technological advancements in the digital era and to bring them in parity with other relevant legislations. The draft rules are open until 29th June 2019 for objections and suggestions by all persons likely to be affected by it. The Copyright Rules, 2013 were last amended in 2016.>>

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06 Jun 2019

The Government of India, Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) vide its notification dated May 31, 2019, has published the draft Patents (Amendment) Rules, 2019[i] (hereinafter the “Rules”) which is now open to the Public for objections or suggestions, if any.>>

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29 May 2019

The withdrawal of the recent Intellectual Property infringement cases filed by the multinational food corporation, PepsiCo India Holdings Pvt. Ltd. against four farmers in Gujarat has led to a lost opportunity for the courts to demystify the cloud surrounding the implementation of the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001[1] and adoption of the Model Contract Farming Act, 2018[2] by the states to regulate contract farming practices in the country. >>

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04 Sep 2018

In a recent case of Disney Enterprises, Inc. and Ors. vs. Pankaj Aggarwal and Ors. [CS (Comm.) 449/2016, I.A. 2107/2014 and I.A. 2110/2014], the Delhi High Court dealt with the issue of character merchandising and upheld that the use of the character “Lightning McQueen” violated the copyrights of Disney (Plaintiff) and also the rights in the character.>>

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21 Aug 2018

In a recent Trademark infringement matter, the Delhi High Court has held that in order to qualify as infringement under Section 29(5) of the Trademarks Act, 1999 (“Act”) there has to be exact use of the registered mark and mere use of a prefix/suffix would not amount to infringement. The Court was hearing a trademark infringement matter wherein the defendant had used a word “MERCYKIND” as part of its trade name which was allegedly similar to that of Plaintiff’s registered trademark “Mankind”.>>

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20 Feb 2018

Recently, while researching for a talk on IP strategies for start-ups, I realised that Intellectual Property (IP) experts tend to view this topic through pretty much the same lens through which they see IP for any other entity. Almost every article related to the topic of “IP for start-ups” essentially covered the importance of IP in general without distinguishing the fact that start-ups are different from larger, more established entities. While advising start-ups on IP, experts generally try to push start-ups to create and protect IP, ignoring their life-stage, financial situation and process maturity.>>

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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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