Making up to the coveted list of well-known trademarks

The debatable issue before the Court was whether, once the Court determines a trademark to be a well-known trademark, is the applicant required to pay the requisite fee along with filing of request on (Form TM-M) to be added to the List of Well-Known Trademarks maintained by the Registrar of Trademarks or should this process…


The new age of Trademark Protection in Myanmar

OLD TRADEMARK LAW IN MYANMAR Myanmar had an existing legal framework for trademarks under the Myanmar Trademark Law of 2019. This law introduced significant changes to the previous legal regime and aimed to align Myanmar’s trademark system with international standards. Before enacting the 2019 law, Myanmar had an outdated trademark law, the Myanmar Registration Act…


Delhi High Court IP Division sets the bar High

The Delhi High Court IP Division (IPD), created on February 28, 2022, celebrated its first anniversary to coincide with World IP Day. In the last decade, the Delhi High Court has earned the reputation of being the “centre for IP excellence,” with complex IP cases and propositions being debated that have had far-reaching consequences on…


Navigating brand challenges in the nutraceutical industry in India

The article underlines the importance of trademark protection in a booming nutraceuticals market in India and explain what steps brand owners should take. India has witnessed massive growth in the nutraceutical market in recent years. The pandemic heightened consumer interest in preventative healthcare and has transformed consumers’ habits and market behaviour with regard to healthcare…


Substantial delay by ‘CAMPUS’ tilts the balance in favour of ‘CAMPS’

In the case at hand, although there are substantial similarities in the competing marks, there is no material on record for the Court to conclude that Defendants’ adoption was dishonest or so to say, that Defendants have misrepresented their marks to be that of the Plaintiff’s. On the contrary, adoption of the impugned mark prima…


Delhi High Court examines factors for the patentability of species patent in India

In a landmark decision, the Delhi High Court denied an injunction to the Plaintiff (BOEHRINGER INGELHEIM PHARMA GMBH) for infringement of patent rights in Linagliptin, a drug to treat Type 2 diabetes. While deciding the infringement action, the Court analyzed various vital factors, including species versus genus patent infringement. In this case, the Court also…


Patent appeal granted in our favour by Patent Office and Delhi High Court

  We are pleased to share that appeal against the refusal of patent application 6541/DELNP/2011 (Applicant: ART SCREW CO., LTD), has been successfully decided in our favour. This application was refused by IPO. We filed appeal at Delhi High Court (DHC) challenging the refusal order. The High court directed the IPO to re-examine the patent…


INDIA: Dawn of New Era for Gaming Industry

On April 6, 2023, the Indian government published a public notice of new rules for the online gaming industry entitled “Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.” The Rules require online gaming intermediaries to take steps so that the users do not share any information that infringes intellectual property rights….


Agriculture Produce and Processed Foods held to be allied and cognate

The mark of the plaintiff and the defendant prima facie appear to be similar both visually as also phonetically, with ‘MONSOON HARVEST’ being the dominant part thereof. Mere addition of the word ‘WINGREENS’ or the logo in the defendant’s mark is not sufficient to distinguish the same on application of the test of an unwary…