202007.28
18

Engineering Drawings: A Case of Copyright or Design

This post analyses the challenges of protecting engineering or technical drawing that are likely to be transformed into a product. Should it be protected as an “artistic work” under the Copyright Act or as a “design” under the Designs Act? For a commercial enterprise, generally, a drawing follows a prototype before making the final product,…

202007.24
18

BDR looses LULIBET over similarity with LABEBET

Sun Pharma Laboratories Limited (Sun Pharma), and BDR Pharmaceuticals have locked horns over the marks LABEBET and LULIBET. Sun Pharma is the registered proprietor of the trademark LABEBET in class 5 since 2009. Sun Pharma brought a trademark infringement and passing off action against BDR Pharmaceuticals International Pvt. Ltd. (BDR Pharma) and its contract manufacturer…

202007.14
18

Suppression of facts and delay proves costly for Ajanta Pharma

The use of a mark for export trade is sufficient to maintain an action for trademark infringement and passing off The delay coupled with non-disclosure of knowledge of use can affect obtaining an interim injunction which is a discretionary relief. The Plaintiff, Ajanta Pharma Ltd (Ajanta), the registered proprietor of the mark AMADAY filed suit…

202007.13
18

Rush for CORONA marks at Indian Trademark Registry

The business opportunities emerging from health scare caused by coronavirus pandemic, has resulted in many small and big pharmaceutical companies worldwide filing for trademarks containing the word CORONA. India is not far behind. A search in class 5 shows 25 pending applications for the marks containing the expression CORONA. All of the marks have been…

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…