Search results - found 86
Court rules in favour of international trademark exhaustion (International reports)
The Division Bench of the Delhi High Court recently recognised the principle of international exhaustion of trademarks under the Trademarks Act 1999. As there was no previous legal precedent regarding parallel imports and the exhaustion of trademark rights in India, the appeal court's decision is of landmark significance. However, certain questions remain unanswered.
Groupon’s trademark battle in India: a valuable lesson for online business (International reports)
Losing control of a domain name is a nightmare scenario for any business, but more so for those that operate purely online. Groupon Inc, the US-based ‘deal of the day’ internet business, was faced with this scenario after an Indian business registered the domain name 'groupon.in' and the word mark GROUPON under Indian law.
Directions on systematic issuance of certified copy of trademark records (International reports)
Under trademark law, certified copies are particularly significant, as such documents are admissible as evidence in court. However, the proper use of this machinery cannot be performed by either party unless a robust system of proper record maintenance is in place.
Market segmentation: proposed legislative amendments pose threat to IP owners (International reports)
The proposed Copyright (Amendment) Bill 2010 would extend the principle of international exhaustion to books, films, software and music. This departs from both the established international practice of market segmentation and the basic tenets of copyright law which are followed internationally.
Separate copyrights for a cinematograph film and the underlying work? (International reports)
In a recent ruling regarding a remake of well-known Bollywood film Zanjeer, the Bombay High Court held that the copyright owner of a cinematograph film may not also be the owner of the underlying works (eg, the screenplay and story), unless such works have been assigned to it in a manner prescribed under Section 19 of the Copyright Act 1957.
Reducing excess claims during PCT national phase entry in India (International reports)
Amendments to the Patent Rules allow applicants to delete claims at the time of PCT national phase entry in India without having to pay additional fees. However, there are questions over whether this will sidestep the need for a request for voluntary amendments given that many deletions involve claim mergers.
Supreme Court settles jurisdiction questions (International reports)
The identical jurisdiction provisions of the Copyright Law and the Trademarks Law, which stipulate that the competent court to try an infringement suit is the court within whose territorial jurisdiction the plaintiff resides, carries on business or works for gain, irrespective of whether the cause of action arose at such place, have been the subject of much debate. The Supreme Court settled these issues back in 2004 in Exphar v Eupharma.
Taking the divisional route a trademark perspective (International reports)
The past few years have witnessed a remarkable upsurge in trademark filings. However, when an individual or entity files a trademark application, a common dilemma is whether to file a multi-class application or single-class applications for the different classes of goods or services.
Decrypting the legislative intent behind the software patents ban (International reports)
Section 3(k) of the Patents Act proscribes the patentability of computer programs per se. This report decrypts the legislative intent behind this by examining the pages of history, particularly parliamentary debates and related events.
IPO rules no time extension for lapse on part of former agent (International reports)
A recent Indian Patent Office order rejected a petition for condonation of delay filed under Rule 137 of the Patent Act 1970 by a patent agent on behalf of the applicant. The petition was filed based on a lack of knowledge of the issuance of the first examination report and the non-receipt of communications from the previous patent agent about the issuance of that report.
Continuing uncertainty over divisional patent system (International reports)
At present, there is divergence between the letter and spirit of national and international legislation pertaining to divisional applications on the one hand, and the majority of adjudications carried out by the Indian Patent Office and the IP Appellate Board on the other.
BRAHMOS declared to be well-known trademark by Delhi High Court (International reports)
The Delhi High Court recently restrained Delhi-based coaching institute FIIT JEE Limited from using the BRAHMOS trademark in relation to educational activities. The court also recognised it as a well-known trademark to be protected even in respect of dissimilar products and services.
Implications of post-dating provisional patent applications (International reports)
If a patent applicant needs more than the prescribed period to file a complete specification, an applicant may post-date a patent application, accompanied by a provisional specification. However, an applicant must carefully consider the consequences before requesting a shift in the priority date.
Uncertainty remains over scope of value added products and biological resources (International reports)
In recognition of India's rich biodiversity, the Biological Diversity Act 2002 is designed to help promote the sustainable use of its components, as well as fair and equitable sharing of the benefits arising from the use of biological resources and knowledge.
Delhi High Court rules on Vringo-ZTE patent infringement litigation (International reports)
A single judge of the Delhi High Court recently vacated an earlier ex parte interim injunction restraining Chinese telecoms major ZTE Corporation and its Indian subsidiaries from infringing Indian Patent 200572, owned by Vringo Infrastructure Inc. The patent in question was granted for an invention titled “A method and a device for making a handover decision in a mobile communication system”.
Balancing legal protection in India (International reports)
An understanding of the relationship between trademark and design law is essential to protecting trade dress in India. The judiciary has long recognised trade dress and the get-up of goods, and has traditionally provided protection from unauthorised appropriation under the tort action of passing off.
High Court saves Turtles Versus Tata (International reports)
In staunch support of fair criticism, the Delhi High Court denied an interim injunction to Indian multinational corporation Tata Sons Limited which had sought to restrain Greenpeace from making an online game, Turtle Verus TATA, publicly available. The game shows turtles being chased by the Tata logo, and intends to raise awareness about the adverse effects of the Dhamra Port project on Olive Ridley turtles.
CRI guidelines and patentability of financial methods under Section 3(k) (International reports)
While it is true that financial service-oriented businesses are different from product-oriented businesses, and the predominant perception of financial method inventions is not emerging in India as in other jurisdictions, innovative activity in this area is promising and deserves IP protection.
Expedited examination of patent applications (International reports)
Due to its huge backlog, the Indian Patent Office is now examining patent applications filed at least four years ago. Until 2016 there was no straightforward way of expediting the examination of patent applications in India, but the patent rules have now been amended to allow this.
IPAB remands record number of cases to Patent Office for de novo hearings (International reports)
Nearly a decade after the enactment of amendments to ensure that Indian patent law complies with the Agreement on Trade-Related Aspects of IP Rights, a record number of orders by controllers at the Indian Patent Office continue to be overturned by the Intellectual Property Appellate Board. This raises serious questions about the level of legal training imparted to controllers.
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