202006.24
18

Changing the face of copyright

In the Philippines’ National Intellectual Property Strategy 2020-2025 report, experts have found that there remains to be a low level of awareness on copyright in the Philippines – and on intellectual property in general. This intertwines with another issue: the lack of statistical data to understand how big the copyright-based sector is in the Philippines….

202006.23
18

Monsanto under Scrutiny Over Abuse of Dominant Position

Monsanto and its Indian subsidiary, Mahyco Monsanto Biotec (India) Pvt Ltd (MBML), are embroiled in several disputes with its licensees and other seed manufacturers over Bt Cotton Technology (Bollgard-I and Bollgard-II). The technology was patented and sub-licensed by MBML in two parts 1) a non-refundable fee to be paid upfront 2) a recurring fee to…

202006.22
18

Acronym of a descriptive term not protectable

This case has some interesting aspects. First, the simple one, does a registration grant exclusive right to use and restrain the third party from its use. Can the other side in defense argue that the mark in question is descriptive to defeat the claim? The Plaintiff, Bharat Biotech International Limited (Bharat) filed the suit before…

202005.22
18

Striding towards a better system

The Indian Patent Office has undergone tremendous change in the last five years with digitisation of record and streamlining its procedures. As an example, a new patent application can be filed electronically and all steps during the prosecution can be taken through the patent office portal. Further, India has agreed a Patent Prosecution Highway (PPH)…

202005.18
16

ISPs and Direct Selling Entities at loggerheads over US$ 1.7 billion opportunity

The Direct Selling Entities (“DSEs”) Amway, Oriflame and Modicare that have a specific business model are embroiled in dispute with leading e-tailers, Amzon, Snapdeal, Cloudtail alleging the sale of their products on e-commerce platforms are unauthorized and without their consent. The Single Judge found in favour of DSEs and passed a common order in interlocutory…

202004.30
16

Building a brand protection strategy in the era of ‘social distancing’

COVID-19 has created an unprecedented crisis resulting in the Indian government clamping down the movement of people, goods, and services. This has impacted every facet of business and has brought consumers attention to its health and well being. With social distancing becoming ‘new normal,’ the impact of coronavirus on brick-and-mortar stores during the lockdown phase…

202004.21
17

Telemedicine becomes reality in India

The new Telemedicine Practice Guidelines enabling Registered Medical Practitioners (RMPs) to provide healthcare remotely as per Telemedicine guideline were released by NITI Aayog on 25 March 2020. The guideline aims to address challenges faced in providing health care and access to doctors on account of large geographical distances and limited resources in India. As per…

202004.09
16

Chinese Spice Mix or Masala battle reaches Bombay High Court

The parties in the suit are at odds over brand names of spice mixture popularly known as ‘masala’ sold under the name ‘White Chinese Pepper Masala’ and ‘Black Chinese Pepper Masala’. Sky Enterprise (Sky), Plaintiff filed a suit before the Bombay High Court restraining Abaad Masala (AM), Defendant  from using the marks ‘White Chinese Pepper…

202004.07
15

Acquiescence is not silence or inaction

Does use of a trademark post retirement from the partnership business would result in violation of rights? What would constitute acquiescence? These are the two main issues of conflict between the parties in catering business. The Plaintiff, Rajesh Kumar Agarwal & others (Rajesh) filed suit before the Calcutta High Court alleging trademark infringement, passing off…