201911.24
13

Geo-blocking or global take-down

In the real world, we are territorially bound. In the virtual world, the boundaries do not exist. In the given scenario, application of the law of the land to the virtual world without any metes and bounds is a debatable territory. In one of the recent cases, Swami Ramdev v. Facebook [CS (OS) 27/2019], the Delhi…

201911.14
13

Delhi High Court intervenes to streamline functioning of Trademarks Registry

The Trademarks Registry recently received a directive from the Delhi High Court to lay down the Standard Operating Procedures (SOPs) to be borne in mind by the officials working at the Registry to improve efficiencies and facilitate the process of prosecution and other related matters. The directions have been issued in the case of writ…

201911.12
13

Indian IP Office Annual Report 2018 – A further step towards the progress

The Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (Patent and Trademark Office) issued annual report for the year 2017-2018 analyzing how the office has performed. Listing out important achievement in terms of improvement in IP administration, digital reforms and reengineering of IP procedures that has resulted in decreased pendency and…

201911.05
13

The draft patent rules comes into effect

The Indian Patent Office has notified Patent amendment rules on December 4th 2018 which after stakeholders consultation have now been finalized. The major changes brought by the rules are: Encourage electronic submission of documents: In order to further digitize the operations and move towards paperless office, the new Rules require that all documents including executed form…

201910.22
13

Strict test for comparing Nutraceuticals marks

Sun Pharma Laboratories Ltd (Sun) has filed this suit before the Delhi High Court to restrain the Defendant, Ajanta Pharma Ltd (Ajanta) from using the mark GLOTAB. Sun and Ajanta are registered proprietors of the GLOEYE and GLOTAB marks respectively both of which are used for treating eye ailments. Interestingly both parties’ products are registered…

201910.18
13

India-Patent Prosecution Highway (PPH) Alliances are now a reality

Indian Patent Office (IPO) is trying to walk the path that t USPTO paved in 2006 by extending its first PPH program to the Japanese patent office (JPO) on a pilot basis. To implement PPH, the Indian patent office has brought amendment in the Patent Rules 2003 notified in September 2019. The objective is to…

201910.04
13

Hullabaloo over Working Statement under the Indian Patent Act

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…

201909.12
13

Amendments to Consumer Protection Act- what Brand owners must know!

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…

201908.30
13

Foreign Direct Investment (FDI) norms eased to attract Brands

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…

201908.20
13

Injunctions: Paradigm shift for India’s innovators

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…