India offers multiple paths to trademark protection, each of which requires a tailored strategy. Brand owners need to cover all their bases by preparing the proper documentation, whether they are seeking protection via the Madrid protocol or the local route.
Manoj K Singh and Himanshu Sharma
Many foreign players remain concerned about IP rights protection in India when it comes to the patenting of computer-related inventions. In recent years the patent office has issued multiple sets of guidelines interpreting the scope of computer-related inventions and their protection. This chapter analyses the manner in which this protection has evolved, as well as the present status of computer-related inventions in India.
Essenese Obhan, Pankaj Garg and Ujjwal Kapoor
India has no specific trade secret legislation. While patent, copyright and trademark laws have been defined in statutes, the protection of trade secrets remains a challenge. This chapter discusses the protection of databases and analyses whether they can be afforded the most appropriate protection under copyright law or by treating them as trade secrets.
Ranjan Narula and Mayur Varshney
Research and development in India’s agricultural sector, improved production technologies and the availability of high-yield varieties (including during the Green Revolution) fuelled a 350%-plus growth in agricultural production between 1950 and 2008. Even so, plant varieties and farmers’ rights in India have not received as much attention as industrial property rights. But in 2001 the Protection of Plant Varieties and Farmers’ Rights Act was introduced, providing integrated protection to both plant varieties and farmers’ rights.
Vikram Grover and Sukanya Sarkar
The local working of patents is an important requirement in patent regimes all over the world – including India – as well as being a major source of contention. Section 83 of the Patents Act 1970 establishes the general principles regarding the working of patented inventions in India. Patentees are obliged to work their patented inventions in India for social and economic welfare in return for their 20-year monopolies.
In order to deal effectively with the problem of counterfeiting and piracy, ad hoc solutions will not work. Rather, a comprehensive strategy for a coordinated approach involving all stakeholders is required. Developing a well-thought-out strategy at the beginning of a campaign is crucial; if the objectives are clearly spelled out from the start, the enforcement is organised and has clear direction.
Dhruv Anand and Shamim Shahin Nooreyezdan
Indian trademark jurisprudence continued its rapid development last year, passing many important milestones. By crystallising trademark jurisprudence, the judiciary has contributed immensely to the evolving trademark ecosystem – and 2015 was a year of notable volume and diversity in trademark cases and decisions.
Abhijeet Deshmukh, Abhishek Pandurangi and Tarun Khurana
In the 21st century, trademarks have gained paramount importance in every industry. Pharmaceutical trademarks are particularly important, since they directly relate to public health. Pharmaceutical trademarks are subject to the same statutory regime as all other trademarks. This chapter analyses the role played by the Indian judiciary in differentiating pharmaceutical trademarks from other types of trademark.
Ashutosh Kane and Nikhil Sharma
Although the Indian government has been quick to establish an IP policy that underscores its commitment to the protection and enforcement of IP rights, it also recognises that a consistent, transparent and efficient IP infrastructure is key to the success of this initiative. This chapter conducts a high-level audit of the civil, criminal and customs enforcement practice and procedures available to rights holders in India, with specific reference to the experience of technology companies.
The interplay between IP rights – particularly patent rights – and the monitoring of anti-competitive practices under competition law is quite a recent development in India, and jurisprudence is still sketchy. It is imperative to understand the processes and practices that appear to push the envelope, from the legitimate exercise of exclusivity to unlawful anti-competitive practices. However, it is difficult to identify the exact point at which a process or practice is deemed to be anti-competitive.
Sunita K Sreedharan
Since 2005 the Indian courts have witnessed a sudden spurt of patent litigation, which was an obvious consequence of putting a product patents regime for pharmaceuticals and agrochemicals in place. These patent litigations originating from India have drawn global attention. But in recent years there has been a patent litigation shift from the field of pharmaceuticals to the fields of electronics and information and communications technology.
Sanjay Kumar and Arpita Sawhney
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