201902.08
9

Supreme Court sets aside order in Monsanto case

The new year brought new hopes for Monsanto with the Supreme Court setting aside a Division Bench order of the Delhi High Court dated April 11 2018 which held the Monsanto patent for Bt cotton invalid. Background The genesis of the dispute between the parties is a sub-licence agreement dated February 21 2004 in which…

201902.07
9

Beauty may be ‘heavenly’ but not justifies use of ‘Miss Heaven’

Two cosmetic firms are at loggerheads over trademark rights in ‘Heaven’ for use in relation to cosmetics. Gurnam Singh (Gurnam) has filed a suit before the Delhi High Court to safeguard its rights in the registered mark Blue Heaven and restrain G.I. Cosmetics (GIS) from using the mark ‘Miss Heaven’ in relation to nail polish,…

201901.25
9

Court holds “Orchid” for education services is distinctive

Two education societies based in Pune are up in arms over use of the mark ORCHID in relation to providing education services/ running of a school. The present post discusses Appeal preferred by Sipra Education Society (Sipra) against the order of Pune District Court restraining them from using the mark “Spring Orchid”. Both Sipra and…

201901.22
9

Civil Imprisonment to Director for Trademark Violation

The Delhi High Court vide order dated 12th December, 2018 sentenced the Director of a company to fifteen days civil imprisonment for non-compliance of the injunction order. The dispute between the parties was over the mark CITI. The Plaintiff, Citi Group Inc. and Ors (Citi) filed suit against the Defendants, Citicorp Business and Financial Services…

201901.18
0

Legal Era Intellectual Property Awards-2019

Rachna Bakhru, Partner was recently recognized as ‘Women Star in IP’ by Legal Era. She was awarded at a glittering award ceremony held in Mumbai- Legal Era Intellectual Property Awards-2019. RNA congratulates her !!! We are extremely proud to have her on our leadership team.

201901.09
0

Country Guides 2018 Update Live!

INTA’s country guides are a useful resource that many of the experienced practitioners contribute to make it happen. The 2018 guide is now live and can be accessed at Country Guides 2018 Update. It is a very useful searchable database of practical information on trademark filing, prosecution, registration, maintenance and enforcement in a number of…

201901.07
9

India – 10 Key IP cases and developments of 2018

Patent office take steps for being a Smart Office:The Indian Patent and Trademarks Offices have considered the need to build efficiency adapting technology to make prosecution quicker. Towards achieving this objective, both offices have now started to provide option of conducting hearing through video conferencing. In addition to this, the Controller General of Patents, Designs…

201901.04
9

Intermediaries Beware!

The online marketplaces set by e-commerce portals claiming to be Intermediaries were under scrutiny by the Delhi High Court.  The portals currently enjoy immunity under safe harbour provisions laid out in the Information Technology (IT) Act, 2000. This was examined by the Single Judge of the Delhi High Court in a series of cases brought by Christian Louboutin…

201812.20
9

IPO proposes Rule changes in Patent Act

The Indian Patent Office has released draft amendment rules on December 4th 2018. The majority changes are in view of expediting examination of the applications and the provision of having the bench of controller/s for deciding pre-grant opposition matters in contrast to the single controller as per the existing practice. With respect to expediting the…