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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13 Feb 2018

Year 2017 has turned out to be one of the most happening years in the history of Indian Trademark Law, which is not only for the progression of Start-ups, but also for the awareness, digitalization, effective processing and speedy registrations of Trademarks. The former year having undergone a sea of change with respect to legislative changes, faster processing of applications and a more transparent and digital friendly approach towards protection of Trademarks, demands a quick recap on some of highlights of 2017.>>

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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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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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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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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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