The Office of the Controller General of Patents, Designs & Trademarks (CG’s Office) has released a set of Frequently Asked Questions (FAQs) regarding Form-27 or the Working Statement requirements under the Patents Act, 1970 (referred to hereafter as the Patents Act). The CG’s office received multiple communications from various stakeholders requesting the issuance of guidelines…
Start-Ups are often embroiled in various issues ranging from their products development and distribution, hiring employees and employment agreement, funding et al. Amidst these issues, the intellectual property protection (IP) takes a back seat. This can, more often than not, scupper your chances to attain success. As a Start-Up, there is no leeway for error….
What are plant varieties breeders’ rights in India? The rights of plant varieties breeders are protected under the PPVR&FR Act (Plant Protection, Varieties Registration, and Farmer’s Rights Act 2001). The Plant Variety Act in India is a legislation that provides protection for plant varieties and encourages the development of new and improved plant varieties through…
What is the forum in India to file patent invalidity proceedings? The patent invalidity proceedings can be filed at the Patent Office in Mumbai, Delhi, Kolkata, and Chennai based on the office that granted the patent. However, if the defendant seeks to challenge the patent’s validity during an infringement action, the action must be transferred…
What type of complaints are covered under ASCI Code? ASCI adjudicate complaints across all media such as Print, TV, Radio, hoardings, SMS, Email, Internet/ website, product packaging, brochures, promotional material and point of sale material, etc. Who are the members of ASCI? The principal members of ASCI, who are also its sponsors, are firms of…
Are well known marks protected in India? Yes, well known marks are protected in India. There are specific provisions under the Trade Marks Act, 1999 and procedure to record well known trade marks in India is provided under the Trademarks Rules, 2017 enacted under the Act, 1999. Prior to March 2017 there was no procedure…
India – FAQ’s on Franchise Agreements What is ‘Franchising’? Franchising is the process by which an entity (Franchisor) that has developed a particular way of doing business expands the business by giving other existing or would be entrepreneurs (Franchisees) the right to use the Franchisor’s proven business model in another location for a definite period…
India – FAQ’s on registering your brands What are the different kinds of mark that can be registered as trade marks under the Indian Trade Marks Act? Word marks, logos, slogans, signatures, names, devices, labels, numeral(s) and/or any combination of these Combinations of colours Shape of goods 3-dimensional marks Sound marks Smell marks (None have…
What are the criteria for applying to register a domain name in the ‘.in’ domain? No criteria are provided for registering a domain name in the following zones. In articular, it is not necessary for applicants to have a business presence in India, either directly or through a subsidiary: .in in in in in in…
What is protectable under Indian Design Act? A design protection is provided for new or original features of shape, configuration pattern, ornamentation or composition of lines or colours as applied to an article. It is to be judged solely by appeal to the eye. Can a priority be claimed based on an application outside India?…
