The filing of working statement is a peculiar requirement under the Indian Patent Act. Section146 (1) read with Rule 131 (2), requires every Patent holder to submit before 31st March, a statement on Form 27 to declare whether a Patent has been worked or not in India. The structure of the form and details required to be…
To modernize the law relating to consumer protection and to enlarge the scope of the existing law and make it more effective and purposeful, the Consumer Protection Act 2019 has replaced the old Consumer Protection Act, 1986. The revamping of the Act was much needed as the provisions under the old Act, which is now…
The Indian economy has been witnessing a slow down since beginning of 2019. A mixture of international events and domestic fiscal tightening has lead to slowdown in India that not so long ago regularly featured among the world’s fastest growing economy. The government has taken note of this slowdown and made some bold announcements to…
The interim or preliminary injunction plays a crucial role in IP cases as the focus of the IP holder is to seek an immediate order to stop the infringing activity so as to protect its market share. For a party seeking preliminary injunction, a three-factor test has been laid down by the courts: 1) to…
Prime Minister Narendra Modi and his political party Bharatiya Janata Party (BJP), once again won the elections with a clear majority and formed the government in May 2019. This is the party’s second term in a row. Interestingly, during the election campaign, one of the adverts released entitled “Transforming India’s IP Landscape” counted, among others,…
The price of greatness is responsibility- Winston Churchill Celebrities act as influencers to a common consumer. With a large population of India, living in villages, a celebrity endorsing a product or service, serves as promise of quality and builds instant recognition and credibility. In many cases, the benefits of product or claims made in adverts…
The role of Advertising in attracting consumer’s attention to a product or business is widely accepted. The companies therefore spend millions in creating product advertisement not only to attract consumer attention but also to differentiate their product from that of the competitors. This post discusses case brought by MRF Limited (MRF) against Metro Tyres (Metro)…
A batch of seven suits with overlapping issues was heard together by the Delhi High Court. The suits were filed by three direct selling entities, M/s Amway India Enterprises Pvt. Ltd (Amway), M/s Modicare Ltd (Modicare) and M/s Oriflame India Pvt. Ltd (Orliflame) against various entities who are either running e-commerce platforms or are sellers…
Bata India Limited (Bata) and Leayan Global Pvt. Ltd and others (Leayan)) operating in the footwear industry vie for the mark ‘POWER’ before the Delhi High Court. Interesting issues have come up including a) whether a mark being laudatory, is available as a defence to a party when he himself has applied for its trademark…
A recent writ petition before the Delhi High Court (Mylan Laboratories Limited Vs. Union of India & Ors., W.P.(C) 5571/2019 & C.M. Appln. 24540/2019 & 26833/2019) brought to court’s notice gridlock at Intellectual Property Appellate Board (IPAB) with no cases being heard considering the vacancies of technical member for Patents, Trademarks and Copyrights lying vacant…
The siblings, Gopal Sabu and Rajkumar Sabu (Raj) both working together, at one stage, as Directors of Sabu Trade Private Limited (STPL) are now at loggerheads to assert their rights over the mark SACHA MOTI (Pure Pearl) being used in relation to Sabudana (sago) for human consumption. The battle ground is Madras High Court where…
What constitutes functionality of a Design has been considered by the court in this case. The court in its ruling determined whether constraints of functionality are such that the design in question is the only design which could have been devised. The product in question is a travel pillow and its ergonomic design. Travel Blue…
