29 Jul 2020

The boon and bane of market vis-à-vis consumers has further intensified with the shift of the current generation to e-commerce. The boon has been the ease, economy, and the time efficiency that online trade offers while the bane has been the easy trafficking of counterfeits and threat to customer data. Although efforts are being made by the government to address the issues from a consumer/buyer point of view, not much has been done from a business/seller point of view. One worrying concern for businesses is the constant infringement of their trademarks which is suffering in the lack of necessary legislation or a decisive judicial pronouncement. Most businesses believe that intermediaries must be liable for allowing infringers sell goods on their platform without adequate due diligence, however, liability has not been conclusively attributed in this regard yet.>>

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13 May 2020

The Hon’ble Delhi High Court has suspended the operation of a public notice issued by the Controller General of Patents, Designs and Trademarks (CGPDTM) that had fixed the cut-off date (18.05.2020) for completion of various acts/proceedings, filings, payment of fees and other deadlines that had fallen due during this lockdown. The public notice was found to be contrary to the Supreme Court order which extended the period of limitation applicable to all proceedings before all Courts and Tribunals with effect from 15th March 2020 till further orders.>>

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10 Sep 2019

The Government of India, Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) vide its notification dated September 17, 2019, has published the Patents (Amendment) Rules, 2019[i] (hereinafter the “Rules”) amending the Patents Rules, 2003 (hereinafter the “Principal Rules”). The amendment came into force from the date of notification.>>

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23 Aug 2019

Increased IP awareness and the consequent surge in the rate of patent filings have failed to deliver on the effectiveness quotient of IP enforcement in the market. This has necessitated thorough scrutiny by the Indian Patent Office (IPO) to deter applicants from getting grant on inventions that might not be able to stand a trail in the Court of Law if its discussed. Therefore, drafting a patent application (specification) plays a crucial role in the success of an invention. From acceptance to infringement actions, the content and quality of the draft determine the fate of the invention. An inventor may know his invention well but might not be able to explain it in a manner compliant to the requirement of the patent office. In such scenario, professional assistance from an experienced patent practitioner is sought and it is expected of them to understand the technical complexity of the invention at hand and have the desired foreseeability to help the invention survive the various tests >>

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09 Aug 2019

A conducive intellectual property (IP) environment and facilitation of innovation ecosystem have furthered India’s ranking in international indices. Similarly, in the domestic scenario, increased awareness, expanding business incentives and administrative reforms have shown marked progress in the Indian IP regime. The Annual Report 2017-2018 which was recently released by the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM)[i] establishes, through statistics, the improvement that the office has seen in the past year. Through this post, we look at the headway the office has made in its patent activity in the reported year.>>

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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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