The very foundation of the patent system is a quid pro quo – a set of exclusive rights granted to a patentee in exchange for inter alia the patentee’s duty to fulfil the society’s reasonable requirements in relation to the invention (including the ‘working’ of the said invention within the jurisdiction). The Indian Patents Act […]
Publications
GI Registration for ‘Rasgulla’: Sweet News to be Taken with a Pinch of Salt?
The newsfeeds of Intellectual Property enthusiasts and connoisseurs of fine desserts were recently inundated with news of the Rasgulla being granted Geographical Indication (‘GI’) registration in India. In the midst of all the hype and hoopla, the Chief Minister of West Bengal (a State to the east of India) went on to tweet “Sweet news […]
Mattel, Inc. v Aman Bijal Mehta: A Loss of Face for ‘Barbie’?
“Hi, Barbie….Hi, Ken! Do you wanna go for a ride? Sure, Ken! Jump in…I’m a Barbie girl in the Barbie world……Life in plastic, it’s fantastic! You can brush my hair, undress me everywhere…..Imagination, life is your creation…..Come on, Barbie, let’s go party!……I’m a blond bimbo girl in a fantasy world…..Dress me up, make it tight, […]
Revised Trademark Rules in India
The Government of India announced broad changes to the Trademark Rules on 6 March 2017. The changes came into effect immediately. The relevant changes to the Rules are: 1. Increase in Official Fees 2. Registration of Well-Known Marks A trademark owner can now seek to have his mark to be declared “well-known” in India […]
India IP Policy, Patent Legislation: Amends Patent Rules to Expedite Grant
The Patent (Amendment) Rules, 2016 were implemented by the Indian Patent Office on 16 May 2016. The salient features of the said rules are as follows: Reduction of time to file response to First Examination Report (FER) The time allowed to respond to a FER for putting an application in order for grant has been […]
Increase in Official Fees for Patents in India
The Government of India, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) has published the Patent (Amendment) Rules, 2014 on 28 February 2014. The amendments are effective from the date of publication. The salient aspects of the amended rules include: Applicant: Introduction of a third category of applicant for patent in the […]
India – 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 more specifically to the realm […]
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) FAO (OS) No. 385/2008 highlights […]
India – 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 has been rightly dealt with […]
Guide To Plant Varieties Protection In The Asean Region
Protection of Plant Varieties The International Convention for the Protection of New Varieties of Plants (UPOV Convention) was signed in Paris in 1961 and entered into force in 1968, seeks to acknowledge the achievements of breeders of new varieties of plants, by granting them an intellectual property right, on the basis of a set of […]