Publications

India’s TM Registry will issue ‘Speaking Orders’

In India, IP owners and practitioners have found it difficult to fathom the exact reasons for refusal of registered trade mark applications, owing to the issuance of non-speaking orders by the Registrar of Trade Marks. The Intellectual Property Attorneys Association filed a public interest petition before the Delhi High Court, challenging the non-speaking orders passed […]

India Update – Patent Infringement

An action for patent infringement in India is not maintainable during the pendency of an appeal against an order revoking the patent. In Novartis AG & Anr. V. Natco Pharma Limited CS (COMM) 229/2019 and I.As. 11304/2019, 11305/2019, the Delhi High Court (the ‘Court’) has clarified that an action for infringement is not maintainable in […]

INDIA AND JAPAN- BILATERAL PATENT PROSECUTION HIGHWAY

The Indian Patent Office (‘IPO’) and the Japan Patent Office (‘JPO’) have jointly embarked on a Bilateral Patent Prosecution Highway (‘PPH’) pilot program (the ‘PPH program’). Pursuant thereto, applicants can request for expedited examination by complying with the stipulated procedure. Applicants need to bear in mind the following: The number of requests accepted by the […]

Patentability of Computer Related or Implemented Inventions (CRIs or CIIs) in Singapore, Indonesia, Thailand, Vietnam, Philippines, and India

Patent legislation and practice in the patentability assessment of computer related or implemented inventions differ from country to country. “Computer Related Inventions” (“CRIs”) or “Computer Implemented Inventions” (“CIIs”) has been given an explicit definition in some countries such as in Philippines and India. These countries both define CRIs or CIIs as those inventions involving computers, […]

Improvements in the India IP Scene

The US Chamber of Commerce Global Innovation Policy Center (“GIPC”) has recently released its 2018 Intellectual Property Index (“IPI”) in February 2019. India has improved on its previous 2017 position of 44 in 2017 and now ranks at number 36 out of 50 countries. Countries are ranked annually by the GIPC based on their trademark, […]

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 […]