The Intellectual Property Appellate Board (IPAB) created with much fanfare in 2003 with avowed objective of reducing the backlog has proved to be ineffective with cases languishing for years. The current chairman retired in September 2019 and no appointment of Chairman or Technical member (Patent and Copyright) has been made. This has brought functioning of…
Can the use of a house mark be sufficient to identify the origin of the goods so as to avoid confusion and deception? The parties in Meso Private Limited v Liberty Shoes Ltd (Commercial Appeal No 362 of 2019 in COMM Notice of Motion (L) No 1184 of 2019) were vying for the rights to…
Sun Pharma Laboratories Ltd (Sun) has filed this suit before the Delhi High Court to restrain the Defendant, Ajanta Pharma Ltd (Ajanta) from using the mark GLOTAB. Sun and Ajanta are registered proprietors of the GLOEYE and GLOTAB marks respectively both of which are used for treating eye ailments. Interestingly both parties’ products are registered…
Indian Patent Office (IPO) is trying to walk the path that t USPTO paved in 2006 by extending its first PPH program to the Japanese patent office (JPO) on a pilot basis. To implement PPH, the Indian patent office has brought amendment in the Patent Rules 2003 notified in September 2019. The objective is to…
Our partner, Rachna Bakhru was part of the distinguished panel for the Role of Consumers in the Fight Against Counterfeits at the recently held INTA Asia conference in Malaysia, “Brands in Changing Times”. She shared her views on how to engage GenZ in the fight against counterfeit quoting from INTA recent study on GenZ. Taking…
The filing of working statement is a peculiar requirement under the Indian Patent Act. Section146 (1) read with Rule 131 (2), requires every Patent holder to submit before 31st March, a statement on Form 27 to declare whether a Patent has been worked or not in India. The structure of the form and details required to be…
