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Supreme Court intervenes to expedite disposal of IPR Cases
In an interesting development arising out of a Special Leave Petition (C) No. 18892 of 2017, challenging the interim order of the High Court of Delhi dated March 10, 2017 passed in AZ Tech (India) & Anr. v. Intex Technologies (India) Ltd. & Anr. (FAO (OS) No. 1/2017), the SC expressed its surprise over the…
Patent office takes one more step towards being transparent and user friendly
The Indian Patent Office will now publish in the weekly journal information about list of patent applications for which First Examination Report (FER) has been issued. Though, there has been no official notification issued however, the journals issued from 13th October bear information about list of applications for which FERs have been issued. The information…
Digital information at your disposal
In this edition of our newsletter, we have two news pieces to share with our readers in the Copyright sphere in India. 1) With a view to advance and apply “Digital India” campaign to copyright, the Copyright office, as per its notice dated August 31, 2017, has decided to publish on its website http://copyright.gov.in the following information…
Delay in filing action cuts at the root of the case
The Delhi High Court while considering an injunction application highlighted the importance of initiating timely action when safeguarding one’s rights. The Plaintiff, MEX Switchgears Pvt. Ltd (MEX) filed the suit against the Defendants, Omex Cables Industries and Ors alleging trademark infringement, passing off, damages etc. MEX filed the suit to safeguard its rights in the…
Registering IP Pakistan
What are the different kinds of mark that can be registered as trademarks under the Trade Marks Ordinance, 2001? Word marks, logos, signatures, names, devices, labels, numeral(s) and/or any Combination of these Combinations of colours Shape of goods Sound marks Smell marks (None have so far been registered). Is registration of a trade mark essential? Registration, though…
Trade Marks Registry issues guidelines to file application for declaration of a trademark as “well-known”
While the Trade Marks Registry has since 2003 published a list of “well-known” marks on its website based on court decisions declaring a mark to be “famous” or “well known”, the Trade Marks Act, 1999 (“the Act”) had no specific provision to seek a formal declaration regarding the well-known status of a mark. To address this concern…
Graphical User Interface Protection puts Indian Patent Office in a fix!
The following note examines the Indian Patent office position on grant of Industrial Design protection to Graphical User Interfaces and analyses a recent decision by the office which indicates that, though, a separate class exists which recognizes protection of such designs, the office is reluctant to register them, taking the view the graphical user interface…
India – FAQs on trade mark oppositions
Who can file the Notice of Opposition? Under Indian law, ‘any person’ can file the notice of opposition. This includes individuals, companies, partnership firms and trusts. Two or more persons can be joined as opponents in the same notice of opposition provided the issues are the same. What is the time period for filing the…