India | Mirandah

Vietnam Philippines India Patent Lawyers

Copyright Counterfeit Design domain name registration Enforcement Infringement intellectual property Legislation Litigation Others Patent patent rules Piracy singapore Southeast Asia Trademark Trade Mark

Home > categories >

India

Subscribe to this RSS feed

India (37)

Patent Used To Block Drugs Shipment

Countries trying to tackle the menace of counterfeit drugs are taking various steps to check the entry of unauthorised drugs. However one problem arising from this is that counterfeit drugs are defined differently in various jurisdictions. Many countries consider products that are not registered there as being counterfeit. International trade…

Tagged under

Patent

Trade Mark Holder Scores Absolut Victory

V&S Vin & Spirit Aktiebolag (V&S), the owner of the Absolut trade mark, one of the most well-known and reputed brands in the world for spirits and luxury goods, filed a civil suit in India against Bangalore based pharmaceutical company Pharmed and one of its subsidiaries (Pharmed) for infringing, passing…

Tagged under

Case Addresses Copyright/Design Overlap

With the increasing realization among stakeholders of the importance of IP rights, we have seen a large number of disputes pertaining to its protection and preservation. It may not be surprising to see disputes involving two or more such rights. An example is the overlap between copyright and designs, which…

Tagged under

Who Can File Post-Grant Oppositions?

The Patent Amendment Act 2005 brought about a significant inclusion to the then existent prosecution scheme by introducing the scheme of post-grant opposition. The legislation provides that a post-grant opposition as under Section 25(2) of the Patents Act 1970 may be filed within one year of the grant of the…

Tagged under

Patent

Court Rules On Pre-Grant Opposition

Recently the Delhi High court decided on an important question of law concerning the maintainability of a writ petition under Article 226 of the Constitution of India against an order of Controller of Patents either allowing or rejecting a pre-grant opposition under Section 25(1) of the Patents Act 1970. The…

Tagged under

Delhi Sugar Coats Trade Mark Decision

The protection and assertion of IP rights is perhaps as important is its acquisition. While there has been a spurt in the number of trademark registrations, infringement has also been on the rise. A recent decision of the High Court of Delhi in Cadila Healthcare Ltd v. Diat Foods (India)…

Tagged under

Ninth Edition Of Nice Classification Adopted

The Indian Trade Marks Rules 2002 were recently amended to adopt the Ninth Edition of Nice Classification, in order to align the trade mark laws in India with the international system. Additional service classes, namely, classes 43-45, have been added. The applicants are requested to bring their existing applications in…

Tagged under

Exhaustion In Copyrights

The doctrine of exhaustion or the first sale rule affirms the exhaustion of an asset’s intellectual property rights vested with its owner after its first use or sale. As a result, no further control can be exercised by the owner vis-à-vis distribution or resale of the product. Applying the principle…

Tagged under

Copyright And Designs Act Harmonized

In India, original artistic works may sometimes fall under the Designs Act and the Copyrights Act. This overlap has been much debated and has come up for adjudication several times before the courts. In a recent case, the Copyright Board made some pertinent observations, especially with respect to artistic works…

Tagged under

Enforcing Confidential Information

Confidential information relating to any enterprise may be in the form of any business formula, process, R&D capabilities, client related or operational information, that ought to be protected as a trade secret. Any breach in handling such confidential information violates the IP rights of the concerned party and has been…

Tagged under