SpicyIP

SEPTEMBER 11, 2023

Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr. underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents.

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Intepat

APRIL 11, 2023

Startups must prioritize obtaining patents, trademarks, copyrights, designs etc., One way to survive and grow in this atmosphere is to constantly innovate and develop products and services which ensure that Startups don’t lose their competitive edge. to safeguard their intellectual property.

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SpicyIP

OCTOBER 30, 2023

Image from here No Bed of Roses: Sumitomo Rubber Industries is Seeking to Register Floral Fragrance Reminiscent of Roses as Applied to Tyres in India Akshay Ajayakumar The question of whether floral fragrances can be registered as a mark or not is again coming to the forefront with the recent application by Sumitomo Rubber Industries, Ltd.

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IP and Legal Filings

SEPTEMBER 30, 2021

With a strong growing business environment in India, the majority of startups are creating a strong innovative line of business with their impeccable records. For getting recognition in the Startup India Action Plan, one needs to come under the definition of Startup to be eligible. The Startup India initiative is coordinated by DPIIT.

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Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Introduction The MSME sector stands as a cornerstone within India’s economic framework, contributing significantly to its industrial landscape and supply chain. Integral to the “Make in India” initiative, the MSME sector remains a key driver in advancing the nation’s manufacturing prowess. 250 crores.

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IP and Legal Filings

JUNE 8, 2022

In this blog we will talk about the process of registration and what type of protection is provided under the designs act. The Controller-General of Patents, Designs, and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Controller of Designs for this Act.

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SpicyIP

AUGUST 2, 2021

He also writes about the issues with the tribunal culture in India. He notes that the Report offers only a lip service recommendation to re-establish the Board without weighing in the pros and cons, and also without suggesting measures for a seamless revival of the IPAB. The post focuses on three methodological flaws in the Report.

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IP and Legal Filings

OCTOBER 21, 2021

In one of the previous pieces, we discussed the importance of registering into Startup India for getting into DPIIT recognition and its various benefits. Thousands of startups are coming to India boosting the economy at the max. The startups should register themselves in the Startup India plan to get DPIIT recognition and benefits.

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Kashishipr

JANUARY 12, 2022

A hashtag may qualify as a trademark if it ticks the following precursors: It should enable the consumers to identify the source of the product or services from where the hashtag originates. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

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SpicyIP

DECEMBER 5, 2022

Discussing the Recent Patent Application Restorations by Delhi and Madras High Courts. We discussed the recent orders from Delhi and Madras High Court regarding restoration of ‘deemed abandoned’ patent applications. SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts. Other Posts. Som Distilleries And Breweries Ltd.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations. Novel innovations are protected by patents, but software codes, designs, or artistic components are protected by copyrights.

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IP and Legal Filings

OCTOBER 31, 2023

Introduction with the term “Generic” The literal meaning of a generic term is “a word or phrase that cannot acquire a secondary meaning because it is a general or common term for the product or service offered”.However, Indian Trademarks Act of 1999 prohibits the registration of generic trademarks under section 9(1). trademark law.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

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SpicyIP

OCTOBER 9, 2023

Highlights of the Week A Deeper Look into the Humans of Bombay and People of India Fiasco Image from here Humans of Bombay v. People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post. mRNA technology was instrumental in developing the COVID-19 vaccines.

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SpicyIP

DECEMBER 15, 2023

Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21. Who was the competent authority that directed the cancellation of the exams?

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IP and Legal Filings

JUNE 9, 2022

There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes. Registration thus provides legal benefits and protection as well as special exclusive rights to the proprietor of the registered IPR.

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SpicyIP

SEPTEMBER 13, 2021

I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. The Delhi High Court in Living Media India Limited v.

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SpicyIP

JULY 14, 2021

Olfactory marketing is not only employed by restaurants for their food, but is also often utilized in supplementing branding because just like a logo, it helps the consumer identify the experience associated with a service or product. In India, the debate still continues as you may find in the posts here , here and here. Smell-marks.

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Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2022

A trademark is a mark that distinguishes the goods and services of one person, from the other. A trademark is territorial in nature, thus, if the trademark is registered in India, it can only be protected within the Indian jurisdiction. The trademark registration is one of the most important steps in making a business successful.

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Olartemoure Blog

JUNE 23, 2022

The Madrid System is undergoing a renewal process by digitizing its internal procedures making them more agile and efficient for those who apply for trademark registration. This is important given it streamlines a procedure that helps demonstrate the scope of the international trademark registration. 06/23/22 – Patents.

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SpicyIP

NOVEMBER 26, 2023

Other Posts Webinar on “How Patent Monopolies on Biologics and Vaccines Work” [November 22] Free Webinar on “How Patent Monopolies on Biologics and Vaccines Work”! Other Posts Webinar on “How Patent Monopolies on Biologics and Vaccines Work” [November 22] Free Webinar on “How Patent Monopolies on Biologics and Vaccines Work”!

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Intepat

JULY 14, 2021

The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, which the President of India proclaimed and notified on April 4, 2021, abolished numerous Boards and Appellate Tribunals, including IPAB (Intellectual Property Appellate Tribunal). However, no such division has ever existed in India. CONCLUSION.

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SpicyIP

JULY 23, 2023

We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. Anything important we’re missing out on? Drop us a comment below! Wine/Spirits.’

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SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Tech giants Nokia and Oppo enter into a cross-licensing agreement ending their patent disputes across multiple jurisdictions! But what about the public interest?

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IP and Legal Filings

JULY 21, 2022

For the past decade, the utilization of hashtags has grown in popularity, and businesses are now attempting to capitalise on these ‘viral-trends’ to advertise their products and services through content marketing methods. HASHTAGS IN INDIA AND USA. ORIGIN OF HASHTAGS.

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SpicyIP

JULY 5, 2021

However, he concludes that the recent stand of the Delhi High Court highlights that the judgment does not reflect an absolute bar over the arbitrability of disputes concerning trademarks, but rather it imposes a limitation only in relation to those matters which are concerned with the grant or registration of trademark. Topical Highlight.

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SpicyIP

NOVEMBER 7, 2022

And the third position was secured by Tanishka Goswami, from National Law University, Delhi for their essay titled “The Copyright Paradox: Striking The Balance Between Free Speech & Copyright In India”. Leaked Draft of India- UK FTA and the TRIPS Plus norms therein. Highlights of the Week . Shubha Ghosh and Prof. Srividhya Ragavan.

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IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Introduction Intellectual property rights (IPR) in e-commerce are a vital component of e-commerce.

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IIPRD

JANUARY 24, 2023

According to a report titled “$1Tn India Fintech Opportunity”, by Chiratae Ventures and Ernest and Young, Indian Fintech is expected to record a revenue of $200 Billion, it also emphasised that the market for digital lending, which is anticipated to expand to a book size of $515 billion by 2030.

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IIPRD

MARCH 17, 2023

The prominent market share for Nutraceutical products is held by the United States, Europe, and India. Introduction In the current world scenario, people started to give attention to health and related parameters. Subsequently, the healthcare sector has gained precedence and command over the market. What are Nutraceuticals?

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Intepat

OCTOBER 7, 2022

However, suppose the designer chooses only to follow Section 15 of the copyright registration procedures and implements this registration for his use. Industrial design patents give the person exclusive rights for a new ornamental design of an essential functional item. Registration–. Registration–. Not Mandatory.

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Biswajit Sarkar Copyright Blog

SEPTEMBER 17, 2021

Natarajan, Joint Registrar of Trademark & GI, India. In India, registration, and protection of geographical indications relates to goods only. India on the other hand, will require to extend the protection of goods imported from other countries which provide for such protection. WIPO goods offices services-.

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SpicyIP

MAY 8, 2022

Regular readers of these pages will doubtless be familiar with prosecution history in relation to patent law. It is pressed into service across invalidation and infringement proceedings alike. Where its understanding of prosecution history diverges from patent law is in how it is applied. Eashan Ghosh. (An The first is this.

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IP and Legal Filings

NOVEMBER 30, 2022

Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam, China, Japan, India, South Korea, Australia, and New Zealand are Asean members as well as FTA partners. Introduction. In November 2012, in Cambodia, at the 21st Asean Summit, the RCEP discussions were launched. Image Source: Shutterstock].

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TorrentFreak

OCTOBER 5, 2023

There are dozens of sites selling SVICLOUD devices all around the world, promising something for everyone; TV channels from Taiwan, Malaysia, United States, Canada, UK, Italy, Japan, Korea, Thailand, Indonesia, Philippines, Singapore, Vietnam, and India, the list goes on and on. “Taiwanese Police officials announced Sept.

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IP Tech Blog

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

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IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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