Search results - found 86
Keeping your finger on the pulse (International reports)
While the courts are applying statutory provisions that afford protection to well-known marks, the lack of guidance on the evidence required to prove that a mark is well known means that brand owners need to rely on judicial precedent in their actions.
On-shelf versus in-use claims (International reports)
Two types of patent claim exist: on-shelf claims and in-use claims. As there are many ongoing suits against manufacturers, it is imperative to determine whether the claims therein are on-shelf or in-use claims.
Novelty: an Indian perspective (International reports)
The standards for meeting patentability criteria under the Patents Act are emphasised to reward the contributors of an invention. Among these criteria, novelty is a vital and absolute condition for patentability.
Protecting well-known trademarks proactively (International reports)
The Office of the Controller General of Patents Designs and Trademarks recently added the trademarks POLO and GE to the list of well-known trademarks as provided for under Section 11(8) of the Trademarks Act 1999. Alongside the courts, the IP administration is taking proactive steps to protect trademarks from infringement.
KIT KAT dispute: Nestlé gets a break (International reports)
The Intellectual Property Appellate Board (IPAB) has ruled on a trademark dispute between Societé des Produits Nestlé SA, a Swiss-registered company, and Kit Kat Food Products over the use of the trademark KIT KAT. The key issue before the IPAB was which company had the right to use the KIT KAT trademark, and as a result whose applications were liable to be rejected under the Trademarks Act 1999.
Delhi High Court holds spoken use of trademark to be infringing (International reports)
The Delhi High Court recently considered a suit filed for trademark infringement, passing off, commercial disparagement and tarnishment of goodwill. The plaintiffs alleged that the defendants had depicted the plaintiffs' well-known brand Rooh Afza in a detrimental way through spoken words by the lead actor in the film Yeh Jaawani Hai Deewani.
Choosing the right anti-counterfeiting measures (International reports)
As the copyright law affords only limited protection to artistic works, IP owners in India often choose to assert trademark rights in cases of counterfeiting. A number of recent cases highlight the anti-counterfeit protections that brand owners can draw on.
Overlap of copyright and design law continues to prove tricky for litigants (International reports)
It has long been common in India to assert copyrights in industrial drawings or blueprints to prevent the manufacture of three-dimensional models of such drawings or blueprints. Although such lawsuits have been successful in the past, Indian courts are increasingly disallowing relief if the work in question is capable of being registered as a design under the Designs Act 2000.
Examining biotechnology applications: IPO issues draft guidelines (International reports)
The controller general of patents has issued draft guidelines for the examination of biotechnology patents. Patents related to biotechnology have been under scrutiny for some time; the draft guidelines issued by the Indian Patent Office broadly highlight the provisions of the Patent Act 1970, which deal with biotechnological inventions.
Examining the credibility of an invention (International reports)
At present, most patent applications are examined based on their specification, without asserting the limitations of the claims. This raises issues for the credibility of the applicant's rights.
The proposed accessibility exception to copyright (International reports)
For the most part, printed materials remain inaccessible to persons with disabilities - not just for socio-economic reasons, but also because of legal impediments such as copyright. The Copyright (Amendment) Bill 2010 proposes to change this situation by inserting an additional exception for the benefit of persons with disabilities and a compulsory licensing provision.
IPO releases draft guidelines for examination of computer-implemented inventions (International reports)
The Indian Patent Office (IPO) is seeking comment on draft guidelines on the examination of patent applications related to computer-implemented inventions. The guidelines aim to bring uniformity and consistency to the examination of applications for computer-implemented inventions across various branches of the IPO.
Compulsory licences are pro-public, not anti-inventor (International reports)
The Intellectual Property Appellate Board (IPAB) recently issued a landmark judgment in which it upheld the controller’s decision to grant the first-ever compulsory licence under the Indian patent regime. While the facts may have swayed the board to rule against the patentee in this case, the well-reasoned interpretation given by the IPAB provides sufficient safeguards to patentees.
Rules for appointing IPAB judicial and technical members found unconstitutional (International reports)
The Madras High Court recently ruled on a a public interest litigation challenging the constitutionality of the qualification criteria for persons appointed to the Intellectual Property Appellate Board (IPAB) and the manner of appointment of these members to the IPAB.
De-coding the law: nature of claim amendments allowed in India (International reports)
Most patent applications in India are granted after making amendments to the patent claims; there are few cases in which patent applications are allowed with no claim amendments. However, due care must be taken while amending claims so as to avoid violating Section 59(1) of the Patents Act.
Appealing to the Intellectual Property Appellate Board (International reports)
Although the Intellectual Property Appellate Board (IPAB) has been operating for some time, its real powers are yet to be clarified. For example, there is confusion as to which orders of the controller of patents are appealable before the IPAB: can an interim order passed by the controller of patents or the Opposition Board in a pre-grant or post-grant opposition proceeding be appealed before the IPAB?
Fair use of trademarks on parts, accessories and ancillary products (International reports)
The fair use of brands by third-party manufacturers of genuine parts which are intended to be ancillary or used as an accessory to the core goods of another party is a much-debated topic. It has both legal implications and high-stakes commercial ramifications in the manufacturing sector.
The concept of inventive step in India (International reports)
The assessment of inventive step plays a critical role in deciding the fate of a patent application. The various tests for assessing obviousness take into account the nature of the invention, the current state of the art and whether the invention would be obvious to a person skilled in the art.
Cipla v Novartis: import qualifies as working of patent (International reports)
The Indian pharmaceutical industry is a major manufacturer of cost-effective generic drugs and is set to become the leading exporter of generic pharmaceutical products. However, recently the Indian pharmaceutical industry has seen several landmark judgments which will have a far-reaching effect on Indian pharma players, as well as international pharma giants.
How recent must a patent grant be in order to be protected? (International reports)
To date, the evolution of Indian patent jurisprudence has been limited to the formulation of principles for granting interim injunctions. Given the huge backlog of cases, trials can take three to four years to reach a conclusion. Therefore, it is imperative that India develops clear principles of granting for interim injunctions which have objective statutory approval and are rooted in sound logic.
Register for more free content
- Read more IAM blogs and articles
- Receive the editor's weekly review by email